Vol. 82 Tuesday, No. 63 April 4, 2017

Pages 16287–16508

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 82, No. 63

Tuesday, April 4, 2017

Agricultural Marketing Service Tennessee Advisory Committee, 16341 NOTICES Agency Information Collection Activities; Proposals, Coast Guard Submissions, and Approvals, 16334–16335 PROPOSED RULES Safety Zones: Agriculture Department Fireworks Displays, Sector Key West, FL, 16327–16329 See Agricultural Marketing Service NOTICES See Animal and Plant Health Inspection Service Meetings: See Farm Service Agency National Maritime Security Advisory Committee, 16407– See Forest Service 16408 NOTICES Agency Information Collection Activities; Proposals, Commerce Department Submissions, and Approvals, 16335–16336 See International Trade Administration See National Oceanic and Atmospheric Administration Alcohol and Tobacco Tax and Trade Bureau NOTICES Comptroller of the Currency Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 16471–16473 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Animal and Plant Health Inspection Service Assessment of Fees, 16473–16474 NOTICES Determinations of Regulatory Review Period for Purposes of Defense Department Patent Extension: NOTICES Lawsonia Intracellularis Bacterin Vaccine, 16337–16338 Meetings: Meetings: Defense Business Board, 16381–16382 Animal Disease Traceability System, 16336 Privacy Act; Systems of Records, 16382–16383 Antitrust Division Drug Enforcement Administration NOTICES NOTICES Changes under National Cooperative Research and Importers of Controlled Substances; Applications: Production Act: Xcelience, 16420 Cooperative Research Group on Consortium for NASGRO Development and Support, 16419 Energy Department National Shipbuilding Research Program, 16418 See Energy Information Administration Network Centric Operations Industry Consortium, Inc., See Federal Energy Regulatory Commission 16420 ROS-Industrial Consortium-Americas, 16420 Energy Information Administration Membership Changes under National Cooperative Research NOTICES and Production Act: Agency Information Collection Activities; Proposals, Heterogeneous System Architecture Foundation, 16418– Submissions, and Approvals, 16383–16384 16419 Open Platform for NFV Project, Inc., 16419 Environmental Protection Agency Southwest Research Institute: Cooperative Research PROPOSED RULES Group on Energy Storage System Evaluation and 2016 Oil and Gas New Source Performance Standards for Safety II, 16419 New, Reconstructed, and Modified Sources; Review, 16331–16332 Bureau of Consumer Financial Protection Clean Power Plan; Review, 16329–16330 PROPOSED RULES Standards of Performance for Greenhouse Gas Emissions Equal Credit Opportunity Act (Regulation B) Ethnicity and from New, Modified, and Reconstructed Stationary Race Information Collection, 16307–16321 Sources: Electric Generating Units, 16330–16331 Centers for Disease Control and Prevention NOTICES NOTICES Requests for Approval of an Alternative Means of Emission Agency Information Collection Activities; Proposals, Limitation: Submissions, and Approvals, 16403–16404 Chevron Phillips Chemical Co., LP, 16392–16399 Meetings: Disease, Disability, and Injury Prevention and Control Farm Service Agency Special Emphasis Panel; Initial Review, 16403–16405 NOTICES Agency Information Collection Activities; Proposals, Civil Rights Commission Submissions, and Approvals: NOTICES Generic Clearance for Collection of Qualitative Customer Meetings: Feedback on Farm Service Agency Service Delivery, Delaware Advisory Committee, 16340–16341 16338–16339

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Federal Communications Commission NOTICES RULES Agency Information Collection Activities; Proposals, Connect America Fund: Submissions, and Approvals: Universal Service Reform—Mobility Fund, 16297 Incidental Take of Marine Mammals During Specified Activities, 16415–16416

Federal Energy Regulatory Commission Food and Drug Administration NOTICES PROPOSED RULES Applications: Color Additive Petitions: Columbia Gas Transmission, LLC, 16390–16391 Environmental Defense Fund, Earthjustice, Florida Gas Transmission Co., LLC, 16391–16392 Environmental Working Group, Center for Combined Filings, 16386–16390 Environmental Health, et al., 16321–16322 Complaints: Dynegy Marketing and Trade, LLC; Illinois Power Foreign Assets Control Office Marketing Co. v. Midcontinent Independent System NOTICES Operator, Inc., 16392 Blocking or Unblocking of Persons and Properties, 16474 Declaratory Orders; Petitions: GEL Texas Pipeline, LLC, 16387 Forest Service Initial Market-Based Rate Filings Including Requests for NOTICES Blanket Section 204 Authorizations: Meetings: Arkwright Summit Wind Farm, LLC, 16385–16386 Black Hills National Forest Advisory Board, 16339–16340 Meadow Lake Wind Farm V, LLC, 16384 Lynn Canal-Icy Strait Resource Advisory Committee, Odyssey Solar, LLC, 16385 16340 Playa Solar 2, LLC, 16386–16387 Quilt Block Wind Farm, LLC, 16387 Health and Human Services Department Redbed Plains Wind Farm, LLC, 16384–16385 See Centers for Disease Control and Prevention Meetings: See Food and Drug Administration Electric Quarterly Report Users Group, 16389 See National Institutes of Health Requests for Waivers: Whiting Oil and Gas Corp., 16389–16390 Homeland Security Department See Coast Guard Federal Financial Institutions Examination Council NOTICES Housing and Urban Development Department Appraisal Subcommittee Proposed Revised Policy NOTICES Statements, 16399 Administrative Actions: Mortgagee Review Board, 16408–16414

Federal Maritime Commission Interior Department RULES See Fish and Wildlife Service Amendments to Regulations Governing Service Contracts See Office of Natural Resources Revenue and Non-vessel-operating Common Carriers Service Arrangements, 16288–16297 International Trade Administration NOTICES Federal Motor Carrier Safety Administration Antidumping or Countervailing Duty Investigations, Orders, NOTICES or Reviews: Meetings: Certain Carbon and Alloy Steel Cut-to-Length Plate from Electronic Logging Device Technical Specification, Republic of Korea; Final Negative Critical 16469–16470 Circumstances Determination, 16341–16344 Certain New Pneumatic Off-the-Road Tires from People’s Federal Reserve System Republic of China, 16348–16349 NOTICES Silicon Metal from Australia, Brazil and Norway, 16352– Requests for Nominations: 16356 Community Advisory Council, 16399–16400 Silicon Metal from Australia, Brazil, and Kazakhstan, 16356–16360 Determinations of Sales at Less Than Fair Value: Federal Trade Commission Certain Carbon and Alloy Steel Cut-to-Length Plate from NOTICES Austria; Final Affirmative Determination of Critical Proposed Consent Agreements: Circumstances, 16366–16369 DaVita, Inc., RV Management Corp., Renal Ventures Certain Carbon and Alloy Steel Cut-to-Length Plate from Partners, LLC, Renal Ventures Limited, LLC, and Belgium; Final Determination of Critical Renal Ventures Management, LLC; Analysis to Aid Circumstances, in Part, 16378–16381 Public Comment, 16401–16403 Certain Carbon and Alloy Steel Cut-to-Length Plate from Federal Republic of Germany, 16360–16363 Fish and Wildlife Service Certain Carbon and Alloy Steel Cut-to-Length Plate from RULES France, 16363–16366 Migratory Bird Subsistence Harvest in Alaska: Certain Carbon and Alloy Steel Cut-to-Length Plate from Harvest Regulations for Migratory Birds in Alaska During Italy; Final Affirmative Determination of Critical 2017 Season, 16298–16306 Circumstances, 16345–16348

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Certain Carbon and Alloy Steel Cut-to-Length Plate from Confirmatory Orders: Japan, 16349–16351 Homestake Mining Co. of California; Grants Reclamation Certain Carbon and Alloy Steel Cut-to-Length Plate from Project, 16429–16435 Republic of Korea; Final Negative Critical License Applications: Circumstances Determination, 16369–16372 Waste Control Specialists, LLC; Consolidated Interim Final Determinations of Sales at Less Than Fair Value: Storage Facility, 16435 Certain Carbon and Alloy Steel Cut-to-Length Plate from Permit Applications: Taiwan, 16372–16375 Tennessee Valley Authority; Clinch River Nuclear Site; Privacy Shield Cost Recovery Fees; Amendments, 16375– Public Hearings, 16436–16442 16378 Office of Government Information Services International Trade Commission NOTICES NOTICES Meetings: Investigations; Determinations, Modifications, and Rulings, Annual Open Meeting, 16422 etc.: Certain Carbon and Alloy Steel Products, 16417–16418 Office of Natural Resources Revenue PROPOSED RULES Judicial Conference of the United States Federal Oil and Gas and Federal and Indian Coal Valuation, NOTICES 16325–16327 Meetings: Repeal of Consolidated Federal Oil and Gas and Federal Advisory Committee on Rules of Appellate Procedure, and Indian Coal Valuation Reform, 16323–16325 16418 Railroad Retirement Board Justice Department NOTICES See Antitrust Division Meetings: See Drug Enforcement Administration Actuarial Advisory Committee, 16442 Securities and Exchange Commission National Aeronautics and Space Administration NOTICES NOTICES Exemption Applications: Agency Information Collection Activities; Proposals, C2 Options Exchange, Inc., 16442–16443 Submissions, and Approvals, 16421–16422 MIAX PEARL, LLC, 16464–16466 National Archives and Records Administration Meetings; Sunshine Act, 16445, 16447 See Office of Government Information Services Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 16461–16464 National Institutes of Health International Securities Exchange, LLC, 16445–16447 NOTICES Investors Exchange, LLC, 16456–16458 Meetings: ISE Mercury, LLC, 16460–16461 National Cancer Institute, 16407 Municipal Securities Rulemaking Board, 16449–16456 National Heart, Lung, and Blood Institute, 16406–16407 New York Stock Exchange, LLC, 16458–16459 National Institute on Aging, 16405, 16407 NYSE Arca, Inc., 16443–16445 Proposed Start-Up Exclusive Evaluation Patent Licenses: NYSE MKT, LLC, 16447–16449, 16459–16460 Development and Use of Diazeniumdiolated and Hybrid Small Business Administration Diazeniumdiolated Compounds for Treatment of NOTICES Ovarian Cancer in Humans, 16406 Agency Information Collection Activities; Proposals, Prospective Grant of Exclusive Patent Licenses: Submissions, and Approvals, 16466 Development and Commercialization of Peptides Major Disaster Declarations: Promoting Lipid Efflux for Treatment of Nevada, 16466 Hypertriglyceridemia, With or Without Concomitant Metabolic Syndrome, 16405–16406 State Department PROPOSED RULES National Oceanic and Atmospheric Administration Intercountry Adoptions; Withdrawal, 16322 RULES NOTICES Atlantic Highly Migratory Species: Designations as Global Terrorists: Atlantic Shark Management Measures; Final Amendment Mark John Taylor, aka Mark Taylor, aka Mohammad 5b, 16478–16508 Daniel, aka Muhammad Daniel, aka Abu Abdul Fisheries of the Exclusive Economic Zone Off Alaska: Rahman, aka Mark John al-Rahman, 16467 Reallocation of Pacific Cod in Central Regulatory Area of Shane Dominic Crawford, aka Asadullah, aka Abu Sa’d Gulf of Alaska, 16306 at-Trinidadi, aka Shane Asadullah Crawford, aka Asad, 16466–16467 Nuclear Regulatory Commission Presidential Permits: NOTICES TransCanada Keystone Pipeline, LP, 16467–16469 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Surface Transportation Board Licenses, Certifications, and Approvals for Nuclear Power NOTICES Plants, 16435–16436 Abandonment Exemptions: Applications and Amendments Involving Proposed No Norfolk Southern Railway Co. in Dayton, Montgomery Significant Hazards Considerations, etc., 16422–16429 County, OH, 16469

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Transportation Department NOTICES See Federal Motor Carrier Safety Administration Agency Information Collection Activities; Proposals, See Transportation Statistics Bureau Submissions, and Approvals: Conflicting Interests Certification for Proprietary Schools; Correction, 16475 Transportation Statistics Bureau Income Verification, 16474–16475 NOTICES Presidential Memorial Certificate Form, 16475–16476 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Passengers Denied Confirmed Space, 16470– Separate Parts In This Issue 16471 Part II Commerce Department, National Oceanic and Atmospheric Treasury Department Administration, 16478–16508 See Alcohol and Tobacco Tax and Trade Bureau See Comptroller of the Currency See Foreign Assets Control Office Reader Aids Consult the Reader Aids section at the end of this issue for Veterans Affairs Department phone numbers, online resources, finding aids, and notice RULES of recently enacted public laws. Dental Insurance Program, 16287–16288 To subscribe to the Federal Register Table of Contents PROPOSED RULES electronic mailing list, go to https://public.govdelivery.com/ Revise and Streamline VA Acquisition Regulation to accounts/USGPOOFR/subscriber/new, enter your e-mail Adhere to Federal Acquisition Regulation Principles; address, then follow the instructions to join, leave, or Correction, 16332–16333 manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

12 CFR Proposed Rules: 1002...... 16307 15 CFR 902...... 16478 21 CFR Proposed Rules: 73...... 16321 22 CFR Proposed Rules: 96...... 16322 30 CFR Proposed Rules: 1202 (2 documents) ...... 16323, 16325 1206 (2 documents) ...... 16323, 16325 33 CFR Proposed Rules: 165...... 16327 38 CFR 17...... 16287 40 CFR Proposed Rules: 60 (3 documents) ...... 16329, 16330, 16331 46 CFR 530...... 16288 531...... 16288 47 CFR 1...... 16297 54...... 16297 48 CFR Proposed Rules: 816...... 16332 828...... 16332 852...... 16332 50 CFR 92...... 16298 635...... 16478 679...... 16306

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Rules and Regulations Federal Register Vol. 82, No. 63

Tuesday, April 4, 2017

This section of the FEDERAL REGISTER plans and the provision of dental finds good cause to make this change contains regulatory documents having general benefits. VA’s role under VADIP is effective on the date of its publication. applicability and legal effect, most of which primarily to form the contract with the Unfunded Mandates are keyed to and codified in the Code of private insurer and to verify the Federal Regulations, which is published under eligibility of veterans, survivors, and The Unfunded Mandates Reform Act 50 titles pursuant to 44 U.S.C. 1510. dependents. VA establishes VADIP of 1995 requires, at 2 U.S.C. 1532, that The Code of Federal Regulations is sold by criteria related to eligibility, benefits, agencies prepare an assessment of the Superintendent of Documents. enrollment, and other program elements anticipated costs and benefits before as required by law, in 38 CFR 17.169 (78 issuing any rule that may result in the FR 32126, 79 FR 62441). expenditure by State, local, and tribal DEPARTMENT OF VETERANS The VA Dental Insurance governments, in the aggregate, or by the AFFAIRS Reauthorization Act of 2016, Public Law private sector, of $100 million or more 114–218, codified the VADIP authority (adjusted annually for inflation) in any 38 CFR Part 17 at 38 U.S.C. 1712C and established a one year. This final rule will have no RIN 2900–AP91 sunset date for VADIP of December 31, such effect on State, local, and tribal 2021. Public Law 114–218 did not governments, or on the private sector. VA Dental Insurance Program otherwise make any substantive changes Paperwork Reduction Act AGENCY: Department of Veterans Affairs. to the VADIP established in section 510 The Paperwork Reduction Act of 1995 of Public Law 111–163 and ACTION: Final rule. (44 U.S.C. 3501–3507) requires that VA implemented in 38 CFR 17.169. consider the impact of paperwork and SUMMARY: This document revises Therefore, the only regulatory change other information collection burdens Department of Veterans Affairs (VA) required by Public Law 114–218 is the imposed on the public. Under 44 U.S.C. medical regulations to reflect the revision of the authority citation for 3507(a), an agency may not collect or codification of the authority for the VA § 17.169 to read 38 U.S.C. 1712C, and sponsor the collection of information, Dental Insurance Program (VADIP), a we make this revision in this final rule. nor may it impose an information program through which VA contracts While we recognize that the authority to collection requirement unless it with private dental insurers to offer operate the VADIP expires on December displays a currently valid Office of premium-based dental insurance to 31, 2021, we do not revise § 17.169 to Management and Budget (OMB) control enrolled veterans and certain survivors include this date. number (5 CFR 1320.8(b)(3)(vi)). This and dependents of veterans. The VA Effect of Rulemaking action contains no new or revised Dental Insurance Reauthorization Act of collections of information. 2016 codified the authority of the Title 38 of the Code of Federal Regulatory Flexibility Act VADIP, and this final rulemaking Regulations, as revised by this final accordingly revises the authority rulemaking, represents VA’s The VA Secretary hereby certifies that citation in the VA medical regulations implementation of its legal authority on this final rule will not have a significant that implement VADIP. this subject. Other than future economic impact on a substantial amendments to this regulation or DATES: number of small entities as they are Effective Date: This rule is governing statutes, no contrary guidance effective April 4, 2017. defined in the Regulatory Flexibility Act or procedures are authorized. All (5 U.S.C. 601–12). This final rule merely FOR FURTHER INFORMATION CONTACT: existing or subsequent VA guidance updates the authority citation for 38 Bridget Souza, Deputy Director, must be read to conform with this CFR 17.169; it does not revise any Business Policy, Office of Community rulemaking if possible or, if not substantive criteria in the regulation, Care (10D), Veterans Health possible, such guidance is superseded and this rulemaking will not affect any Administration, Department of Veterans by this rulemaking. small entities. Therefore, pursuant to 5 Affairs, 810 Vermont Avenue NW., Administrative Procedure Act U.S.C. 605(b), this rulemaking is exempt Washington, DC 20420, (202) 382–2537. from the regulatory flexibility analysis (This is not a toll-free number.) The VA Secretary finds under 5 requirements of section 604. SUPPLEMENTARY INFORMATION: Section U.S.C. 553(b)(B) that there is good cause 510 of the Caregivers and Veterans to publish this rule without prior Executive Order 13563 and Executive Omnibus Health Services Act of 2010, opportunity for public comment, and Order 12866 Public Law 111–163, required VA to under 5 U.S.C. 553(d)(3) that there is Executive Orders 13563 and 12866 carry out a pilot program to assess the good cause to publish this rule with an direct agencies to assess the costs and feasibility and advisability of providing immediate effective date. This benefits of available regulatory a dental insurance plan to veterans and rulemaking makes a non-substantive alternatives and, when regulation is certain survivors and dependents of change to update the authority citation necessary, to select regulatory veterans, known as the VA Dental for 38 CFR 17.169 (Pub. L. 114–218). approaches that maximize net benefits Insurance Program (VADIP). Under Notice and public comment are (including potential economic, VADIP and as required by law, VA unnecessary because they could not environmental, public health, and safety contracts with private insurers to offer result in any change to this provision. effects, and other advantages; the dental insurance, and the private Further, since Public Law 114–218 distributive impacts; and equity). insurer is then responsible for the actual became effective on its date of Executive Order 13563 (Improving administration of the dental insurance enactment and is already in effect, VA Regulation and Regulatory Review)

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emphasizes the importance of Dated: March 30, 2017. questions, contact: Tyler J. Wood, quantifying both costs and benefits, Janet Coleman, General Counsel, Federal Maritime reducing costs, harmonizing rules, and Chief, Office of Regulation Policy & Commission, 800 North Capitol Street promoting flexibility. Executive Order Management, Office of the Secretary, NW., Washington, DC 20573–0001. 12866 (Regulatory Planning and Department of Veterans Affairs. Phone: (202) 523–5740. Email: [email protected]. Review) defines a ‘‘significant List of Subjects in 38 CFR Part 17 regulatory action,’’ requiring review by SUPPLEMENTARY INFORMATION: Administrative practice and the Office of Management and Budget I. Background (OMB), unless OMB waives such procedure, Dental health, Government contracts, Health care, Health review, as ‘‘any regulatory action that is In 1984, Congress passed the professions, Health records, Veterans. likely to result in a rule that may: (1) Shipping Act of 1984 (the Shipping Act or the Act), 46 U.S.C. 40101 et seq., Have an annual effect on the economy For the reasons set forth in the which introduced the concept of of $100 million or more or adversely supplementary information of this rulemaking, the Department of Veterans carriage under service contracts filed affect in a material way the economy, a with the Federal Maritime Commission. sector of the economy, productivity, Affairs amends 38 CFR part 17 as follows: The pricing of liner services via competition, jobs, the environment, negotiated contracts, rather than public health or safety, or State, local, PART 17—MEDICAL exclusively by public tariffs, was a or tribal governments or communities; change that had profound effects on the (2) Create a serious inconsistency or ■ 1. The authority citation for part 17 is liner industry. FMC regulations require otherwise interfere with an action taken amended by adding an entry for all ocean freight rates, surcharges, and or planned by another agency; (3) § 17.169 in numerical order to read in accessorial charges in liner trades be Materially alter the budgetary impact of part as follows: published in ocean common carrier entitlements, grants, user fees, or loan Authority: 38 U.S.C. 501, and as noted in tariffs or agreed to in service contracts programs or the rights and obligations of specific sections. filed with the Commission. recipients thereof; or (4) Raise novel * * * * * Contemporaneous with the filing of legal or policy issues arising out of legal Section 17.169 also issued under 38 U.S.C. service contracts, carriers are also mandates, the President’s priorities, or 1712C. required to make available to the public the principles set forth in this Executive * * * * * a concise statement of essential terms in Order.’’ tariff format. The economic, interagency, § 17.169 [Amended] In 1998, Congress passed the Ocean budgetary, legal, and policy ■ 2. Amend § 17.169 by removing the Shipping Reform Act (OSRA), amending implications of this final rule have been sectional authority citation. the Shipping Act of 1984 relating to service contracts. To facilitate examined and determined not to be a [FR Doc. 2017–06579 Filed 4–3–17; 8:45 am] compliance and minimize the filing significant regulatory action under BILLING CODE 8320–01–P Executive Order 12866. VA’s impact burdens on the oceanborne commerce of analysis can be found as a supporting the United States, service contracts and amendments effective after April 30, document at http:// FEDERAL MARITIME COMMISSION www.regulations.gov, usually within 48 1999, are required by FMC regulations hours after the rulemaking document is to be filed with the Commission in 46 CFR Parts 530 and 531 electronic format. This eliminated the published. Additionally, a copy of the regulatory burden of filing in paper rulemaking and its impact analysis are [Docket No. 16–05] format, thereby saving ocean carriers available on VA’s Web site at http:// RIN 3072–AC53 both time and money. In addition, www.va.gov/orpm/, by following the OSRA reduced the essential terms that link for ‘‘VA Regulations Published Amendments to Regulations had to be made publicly available.1 Governing Service Contracts and From FY 2004 Through Fiscal Year to Service contracts and amendments NVOCC Service Arrangements Date.’’ continue to be filed in the Commission’s Catalog of Federal Domestic Assistance AGENCY: Federal Maritime Commission. electronic filing system, SERVCON. In 2005, the Commission issued a rule ACTION: Final rule. The Catalog of Federal Domestic exempting non-vessel-operating Assistance numbers and titles for the SUMMARY: The Federal Maritime common carriers (NVOCCs) from certain programs affected by this rule are 64.009 Commission (FMC or Commission) tariff publication requirements of the Veterans Medical Care Benefits and amends its rules governing Service Shipping Act, pursuant to section 16 of 64.011 Veterans Dental Care. Contracts and NVOCC Service the Shipping Act, 46 U.S.C. 40103. 69 Arrangements. The rule is intended to FR 75850 (Dec. 20, 2004) (final rule). Signing Authority update and modernize the Under the exemption, NVOCCs are The Secretary of Veterans Affairs, or Commission’s regulations and reduce relieved from certain Shipping Act tariff designee, approved this document and the regulatory burden. requirements, provided that the carriage authorized the undersigned to sign and DATES: Effective Date: May 5, 2017. in question is performed pursuant to an NVOCC Service Arrangement (NSA) submit the document to the Office of the FOR FURTHER INFORMATION CONTACT: For Federal Register for publication technical questions, contact: Florence A. 1 Prior to OSRA, contract rates were published in electronically as an official document of Carr, Director, Bureau of Trade the essential terms tariff publication, thereby the Department of Veterans Affairs. Gina Analysis, Federal Maritime allowing similarly situated shippers to request and S. Farrisee, Deputy Chief of Staff, Commission, 800 North Capitol Street obtain similar terms. In enacting OSRA, Congress Department of Veterans Affairs, limited the essential terms publication to the NW., Washington, DC 20573–0001. following terms: The origin and destination port approved this document on March 29, Phone: (202) 523–5796. Email: ranges, the commodities, the minimum volume or 2017, for publication. [email protected]. For legal portion, and the duration.

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filed with the Commission and that the The commenters in this proceeding Part 530—Service Contracts essential terms are published in the represent a broad cross-section of Subpart A—General Provisions NVOCC’s tariff. 46 CFR 531.1, 531.5, industry stakeholders, including vessel- and 531.9. operating common carriers (VOCCs), Section 530.3 Definitions This rulemaking is the first major trade associations, licensed Section 530.3 Affiliate comprehensive review of the FMC’s NVOCCs and freight forwarders, registered foreign-based NVOCCs, The current regulations regarding service contract regulations in part 530 service contracts do not define the term beneficial cargo owners, a shippers’ since the Commission promulgated ‘‘affiliate,’’ and the Commission association, and a tariff publishing and implementing rules pursuant to OSRA periodically receives requests from contract management firm. The and the first substantive revisions to the ocean carriers for guidance regarding Commission has benefited from the NSA regulations in part 531 since NSAs the criteria used to determine affiliation wide public participation of were introduced by rule in 2005. Given with respect to the shipper party to stakeholders in this rulemaking and the industry changes that have service contracts. Whether an entity is carefully considered their perspectives. transpired since these rules were last determined to be an affiliate of the revised, the Commission has sought II. Discussion contract shipper is an important matter extensive public comment throughout because affiliates, as parties to the this rulemaking process. Most recently, The Commission’s primary focus in service contract, have full access to the the Commission published a Notice of this rulemaking has been to identify rates, terms and conditions of the Proposed Rulemaking (NPRM) areas appropriate for possible regulatory otherwise confidential contract. In proposing to amend parts 530 and 531, relief, as well as opportunities to contrast, the Commission’s regulations and received six comments. 81 FR streamline both FMC and industry governing NSAs at § 531.3(b) and 56559–56571 (Aug. 22, 2016). business processes and leverage NVOCC Negotiated Rate Arrangements Previously, the Commission sought Commission technology to facilitate (NRAs) at § 532.3(e) define the term public input through the publication of compliance, while maintaining the affiliate, to mean: ‘‘two or more entities an Advance Notice of Proposed Commission’s ability to carry out its which are under common ownership or Rulemaking (ANPRM) 81 FR 10198– oversight responsibilities. In addition, control by reason of being parent and 10204 (Feb. 29, 2016), and received recent Executive Orders have subsidiary or entities associated with, twelve comments. In addition, public highlighted the benefits of reducing under common control with, or comments were received earlier from unnecessary and costly regulations.3 otherwise related to each other through the National Customs Brokers and Although these Executive Orders may common stock ownership or common Forwarders Association of America, Inc. not directly apply to the Commission,4 directors or officers.’’ To the extent that (NCBFAA) and a group of major ocean the Commission respects the purpose of a lack of clarity regarding service common carriers in response to the the Executive Orders and is committed contract shipper party affiliates stems Commission’s Plan for Retrospective to reducing regulatory burdens where from the absence of a definition of Review of Existing Rules.2 All the feasible. Accordingly, the Commission affiliate in part 530, the Commission aforementioned comments are available has carefully considered the appropriate sought to address this inconsistency by on the Commission’s Web site under regulatory relief that will allow parties proposing to adopt the same definition Docket No. 16–05 through the Electronic to commercial shipping transactions to currently published in parts 531 and Reading Room link at: http:// more efficiently engage in the 532. www.fmc.gov/16–05. movement of U.S. import and export The Commission’s NPRM requested The six comments filed specifically in cargo on the high seas, while protecting comment on this issue. In its comments, response to the NPRM were submitted shippers from potential financial harm. Crowley supported the addition of the by Crowley Latin America Services, LLC While this rule is deregulatory in definition ‘‘subject to the understanding and Crowley Caribbean Services, LLC nature, the rule preserves the that carriers would remain free to adopt (jointly, Crowley); NCBFAA; the Commission’s ability to carry out its alternative definitions (e.g., by requiring National Industrial Transportation mission under the Shipping Act of 1984. a minimum level of common League (NITL); UPS Ocean Freight Below, on a section-by-section basis, ownership).’’ To this point, WSC, in its Services, Inc., UPS Europe SPRL, UPS is a discussion of the regulations earlier comment on the ANPRM, asked Asia Group Pte. Ltd. and UPS Supply governing service contracts and NSAs in the Commission to clarify that the Chain Solutions, Inc. (collectively, 46 CFR parts 530 and 531, respectively. adoption of the definition ‘‘does not UPS); the World Shipping Council In some instances, the Commission has preclude more specific definitions of (WSC), and one anonymous commenter determined that proposed changes in that term in service contracts or tariffs, purporting to be an export trading the NPRM do not necessarily decrease so long as those more specific company that trades agricultural regulatory burdens on the industry and definitions fall within the scope of the products. is thus not adopting those changes in Commission’s definition.’’ WSC cited as the final rule. The Commission is an example the inclusion in an individual carrier’s service contract of a 2 The commenting carriers consisted of 30 ocean deferring these changes for the time carriers participating in the following agreements being but may reconsider them in a minimum level of ownership between active at that time: The 14 members of the future rulemaking. two shipper entities to be considered Transpacific Stabilization Agreement; 10 members affiliates. The Commission confirms that of the Westbound Transpacific Stabilization the inclusion of the definition of Agreement; the 6 members of the Central America 3 Executive Order (EO) 13771, Reducing Discussion Agreement; the 11 members of the West Regulation and Controlling Regulatory Costs (Jan. affiliate in part 530 does not preclude Coast of South America Discussion Agreement; the 30, 2017); EO 13777, Enforcing the Regulatory an individual carrier adopting a more 5 members of the Venezuela Discussion Agreement; Reform Agenda (February 24, 2017). narrow definition of affiliate in its the 3 members of the ABC Discussion Agreement; 4 See Office of Information and Regulatory service contracts. the 6 members of the United States Australasia Affairs, Interim Guidance Implementing Section 2 Discussion Agreement; and the 3 members of the of the Executive Order of January 30, 2017, titled UPS raised a separate concern Australia and New Zealand-United States ‘‘Reducing Regulation and Controlling Regulatory regarding affiliates in its NPRM Discussion Agreement. Costs’’ (Feb. 2, 2017). comments, stating that global logistics

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companies commonly employ non- transportation industry could The Commission has carefully affiliated overseas agents to facilitate the potentially be reduced, given the FMC’s considered the request for regulatory movement of cargo and that those agents mission, strategic goals and oversight relief by both carriers and shippers to have historically been listed as the responsibilities. In the NPRM, the allow amendments to service contracts NVOCC’s ‘‘affiliates’’ under service Commission sought additional comment to become effective prior to their being contracts with VOCCs. This enables the on a proposal to allow the filing of filed with the Commission. The local agent to originate bookings under sequential service contract amendments Commission notes the inherent the service contract. In connection with in the SERVCON system within 30 days commercial difficulties when a service such shipments, UPS states that the of the effective date of the agreement contract rate cannot be applied to a overseas agent is listed as the ‘‘shipper’’ reached between the shipper and given shipment due to a delay in filing. on the VOCC’s master bill of lading, carrier. NCBFAA, NITL, WSC, UPS and Additionally, the Commission has with the FMC licensed or registered Crowley all supported this change for considered the impact of this change on NVOCC listed as the ‘‘consignee.’’ UPS service contract amendments in their the carriers’ associated filing burden. asks the Commission to ‘‘consider and NPRM comments. Ocean carriers have cited the regulatory address’’ whether this practice is still While NCBFAA supports a 30-day burden associated with filing more than compliant as long as the non-affiliated period for filing both service contract 550,000 service contract amendments booking agent clearly acts as the agent amendments and NSA amendments, it annually with the Commission as the for the NVOCC and/or the NVOCC tempers its support with a note of largest administrative burden for both appears on the VOCC’s master bill of caution. NCBFAA advises that VOCCs carriers and their customers. For lading as the consignee or notify party. often announce General Rate Increases example, under the current filing Given the concerns in the comments (GRIs) and Peak Season Surcharges that requirements, during a 30-day period, a about the effect of this change on are later mitigated prior to their effective service contract amendment can only be current industry practices and the dates. NCBFAA requests that the processed and filed on or before its Commission’s determination, as noted Commission ‘‘ensure that any effective date. The proposed relief above, to only adopt in this final rule retroactive amendment reflects the would allow the processing and filing of those changes that will immediately actual agreement between the parties at multiple service contract amendments reduce regulatory burdens, the the time that agreement is reached.’’ The initiated during a 30-day period at a set Commission has determined not to add Commission believes that adherence to or scheduled time during that period as a definition of affiliate to Part 530. the agreed upon terms of a service determined by the carrier. The Commission has also weighed the Section 530.3(i) Effective date contract provides the shipper with need to fulfill its regulatory Pursuant to Commission rules, a important protections. Carrier abuse of those protections is a serious matter responsibilities to ensure shipper service contract or amendment cannot protections and the impact this relief become effective prior to its filing with under the Shipping Act and such carrier behavior will be subject to close would have on its ability to successfully the Commission. Carriers and shippers maintain those protections. On balance, scrutiny by the Commission, with have asserted that the service contract the Commission believes that this appropriate Commission action if effective date requirement is overly change will reduce the filing burdens on violations of the Act are found. In restrictive, given current commercial the shipping industry while maintaining addition, a shipper that believes a practices, particularly with respect to the Commission’s ability to protect the carrier has breached the agreed-upon service contract amendments. Further, shipping public. Further, by adjusting terms of a contract may bring an action carriers aver that the majority of the date on which amendments can in the appropriate court or in another amendments are for minor revisions to become effective, this change reduces forum agreed to by the contract parties.5 commercial terms, such as a revised rate the commercial harm from delayed or the addition of a new origin/ The Commission also sought filings by allowing the parties to apply destination or commodity. Carriers have comment in the NPRM regarding the the rates and terms agreed to in a service cited instances in which the parties concerns of Global Maritime contract amendment to the intended have agreed to amend the contract, Transportation Services, Inc. (GMTS) shipments. The Commission has however, due to unavoidable regarding the impact of a 30-day period therefore determined to amend the circumstances, the cargo was received for filing service contract amendments definition of ‘‘effective date’’ to mean before the carrier filed the amendment on carrier compliance with § 530.6 and the date upon which a service contract with the Commission. In such cases, the § 515.27, which require carriers to amendment is scheduled to go into amendment’s rates and terms may not obtain proof that an NVOCC has effect by the parties, so long as that date be applied to that cargo pursuant to the complied with the Shipping Act and is no more than 30 days prior to the Commission’s rules, leading the parties prohibit carriers from serving amendment being filed with the to effect a commercial remedy in a noncompliant NVOCCs. In its comments Commission. future amendment to compensate the to the ANPRM, GMTS asserted that the shipper for the financial harm resulting current requirement for filing a service Section 530.5 Duty To file from the carrier’s failure to timely file contract amendment on or before its The Commission sought comment in the amendment. In their comments, effective date ensures that full the NPRM regarding its proposal to carriers and shippers requested that the compliance with the tariff, contract, and amend the regulations to ensure that Commission consider introducing amendments are determined prior to ocean carriers are aware of the regulatory flexibility by allowing up to filing with the FMC. In its comments to availability of the automated web 30 days for the filing of service contract the NPRM, WSC maintains that, from services process for filing original amendments after agreement is reached both a regulatory and commercial service contracts and amendments. No between the parties. perspective, carriers and shippers are comments were received in response to As noted, during this regulatory incentivized to manage service contract the NPRM on this issue. The review the Commission has carefully documentation carefully. Commission has determined not to weighed the extent to which the adopt its proposal to amend the regulatory burden imposed on the ocean 5 See 46 U.S.C. 40502(f). regulations to provide notice of the

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availability of the automated web requirements before filing service supported by comments in this services process because it does not contracts. rulemaking record received by both appear to immediately reduce regulatory The Commission received comments ocean carriers and shippers. burdens. to the NPRM regarding this proposal The Commission sought comment in from WSC, Crowley and UPS, all of the NPRM on two options for allowing Section 530.6 Certification of Shipper which supported an additional Status service contract amendments to be filed dedicated field in SERVCON for entry of up to 30 days after agreement: (1) Filing Shippers entering into service an NVOCC’s Organization Number to each service contract amendment contracts must certify their status, and validate whether the NVOCC is in good individually and sequentially within 30 VOCCs are required to obtain proof of standing. UPS’s comments sought days of its effectiveness; or (2) an NVOCC’s compliance with tariff and assurance that the practice of reliance consolidating any number of service financial responsibility requirements. on the NVOCC’s certification and the contract amendments into a single Section 530.6(b) currently allows FMC’s Web site information would document, to be filed within 30 days of carriers to obtain such proof by any of continue to provide a ‘‘safe harbor’’ the effective date of the earliest of all the methods in 46 CFR 515.27. Many under § 530.6(d) with respect to 46 amendments contained in the carriers routinely utilize one of the U.S.C. 41104(12). WSC’s support was document. The Commission engaged in prescribed methods, consulting the based on their understanding that a detailed explanation in the NPRM of FMC’s Web site, www.fmc.gov, to verify ‘‘carriers could continue to rely upon the manner in which service contract whether an NVOCC contract holder or existing compliance procedures outside amendments are presently filed into the affiliate is in good standing, while other of SERVCON if they so choose.’’ SERVCON system, and described carriers employ more rigorous standards The Commission has further considerations that filers should take by requiring copies of the NVOCC’s investigated the technical feasibility of into account when evaluating and bond and the title page of its published adding the proposed Organization commenting on the two approaches. tariff.6 In addition, many VOCCs Number entry and verification Option 1 closely reflects current filing incorporate the NVOCC’s 6-digit FMC capabilities to SERVCON and has procedures, and therefore, requires Organization Number into the service determined that the necessary minimal, if any, reprogramming of contract, indicating that the VOCC improvements would take well over a SERVCON. Under this sequential validated its compliance with the year to make to the system. In addition, amendment filing procedure, SERVCON requirements of § 530.6 for shipper the comments suggest a preference by would process the initial service parties that are NVOCCs. A carrier that some VOCCs to continue to use current contract as Amendment ‘‘0,’’ with meets the requirements in § 530.6(a) and methods to certify NVOCC compliance, subsequent amendments to the contract (b) is also deemed to be in compliance rather than relying on verification from numbered sequentially, beginning with with 46 U.S.C. 41104(12) (section SERVCON in response to the entry of Amendment No. ‘‘1.’’ Each amendment 10(b)(12) of the Shipping Act), which the NVOCC’s Organization Number. filing would require the filer to enter the prohibits carriers from knowingly and Given the time and resources necessary effective date of that amendment. Under willfully entering into service contracts to reprogram SERVCON, and the this option, the only difference from the with ocean transportation uncertainty raised by the comments present process would be that the intermediaries that do not meet the regarding the benefit to the industry effective date of the contract entered Act’s tariff and financial responsibility from the change, the Commission is not into the SERVCON system could be up requirements.7 adopting the requirement that VOCCs to 30 days prior to the filing date. input an NVOCC’s 6-digit FMC In response to regular queries from Option 2 would allow the Organization Number in a new data carriers about the capability of FMC’s consolidation of multiple service field in the SERVCON system, when an electronic systems to automatically contract amendments into a single NVOCC is the contract holder or determine the status of an NVOCC party ‘‘batch’’ filing. This option was affiliate. The Commission may in a service contract and to verify considered based on an earlier carrier reconsider this requirement in a future compliance with § 530.6, Commission proposal to aggregate several contract rulemaking. staff explored potential options that amendments into a single document to would leverage technology and the Subpart B—Filing Requirements effect a monthly filing. As explained in FMC’s databases. The Commission the NPRM, SERVCON is not currently Section 530.8 Service Contracts asked for comments in its NPRM on capable of processing multiple whether the FMC should move forward For the reasons discussed above, the amendments consolidated into a single in requiring filings to include the 6-digit Commission is permitting the filing of filing, e.g., Amendment Nos. 2 through FMC Organization Number of any service contract amendments up to 30 10, with multiple effective dates. Thus, NVOCC parties to a service contract in days after the effective date of the this approach would require a a new data field created on the agreement. Accordingly, as proposed in substantial amount of reprogramming SERVCON filing screen. This would the NPRM, the Commission is revising and considerable expense to enable the reduce a carrier’s need to consult the § 530.8(a) to reflect this change. The system to capture multiple effective Commission’s Web site or use other Commission believes that permitting dates and multiple amendment methods to obtain proof of NVOCC immediate implementation of changes numbers. Consolidating several service compliance with the relevant to service contracts upon agreement by contract amendments would also the parties rather than delaying prevent carriers from using the 6 In addition to permitting carriers to consult the implementation until the contract Commission’s web services technology FMC Web site to obtain proof NVOCC compliance amendment is filed with the FMC, will in accordance with § 530.5, thereby with the tariff financial responsibility requirements, result in positive benefits affecting the offsetting the advantages of web § 515.27 permits carriers to use any other business processes of shippers, carriers, services, which requires no manual data appropriate procedure to obtain such proof, provided that the procedure is set forth in the and the maritime industry supply chain entry and is intended to streamline carrier’s tariff. as a whole by expediting the flow of processes and reduce the burden of 7 46 CFR 530.6(d). commerce. This assertion is also filing.

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In this regard, the WSC’s NPRM VOCCs’ earlier comments noted that filers additional flexibility in comments stated: current service contract correction conjunction with the 30-day In light of the programming changes that procedures are outdated, and amendment process, further would be required in SERVCON (and the maintained that these procedures are streamlining their business processes. possible programming requirements that ‘‘ill suited’’ to the manner in which Accordingly, the Commission hereby might be required by carriers), WSC at this service contracts are employed today. amends its regulations to allow the stage accepts the Commission’s proposal not The carriers requested a number of filing of Corrected Transmissions within to change the SERVCON system to accept revisions to these requirements. The 30 days of the service contract or multiple amendments in a single document. NPRM sought comment regarding amendment filing. Simplicity, not additional complexity, service contract correction requests and should be the guiding principle. If it becomes Extend Filing Period for Correction corrected transmissions. An item by possible for the Commission to process Requests to 180 Days multiple amendments in a single document, item discussion follows. The Commission’s rules at § 530.10(c) then the Commission should accept such Electronic Transmission Errors filing when the capability becomes available. permit the retroactive correction of a Pursuant to § 530.10(d), carriers may clerical or administrative error in a Crowley further commented: file a ‘‘Corrected Transmission’’ (CT) service contract if the request for Moreover, given a choice between a within forty-eight (48) hours of filing a correction is filed in accordance with prompt implementation of the proposals service contract or amendment into the Commission’s requirements and is contained in the NPR and delaying submitted within 45 days of service implementation of those proposals until the SERVCON, but only to correct a purely SERVCON system can be reprogrammed to technical data transmission error or a contract filing. Current practices in accommodate batch-type filings, Crowley data conversion error that occurred ocean shipping can result in long transit would prefer prompt implementation of the during uploading. A CT may not be times due to carriers’ global pendulum proposals. However, having said this used to make changes to rates, terms or services or slow steaming, at times Crowley does not believe that reprogramming conditions and, accordingly, its leading to the shipper’s discovery of a of the SERVCON system is necessary to application is limited. discrepancy between the rate quoted accommodate batch-type filings. Most service contract filings are and that filed in its service contract long NITL also commented on this issue, uploaded into the Commission’s after cargo has been moved and stating that in light of the technical SERVCON system without encountering invoiced on the bill of lading. These difficulties associated with filing problems. When electronic transmission administrative or clerical errors ‘‘batches’’ of amendments, it agreed errors do occur, however, carriers often therefore might not be detected within with the Commission’s sequential filing do not discover the error until after the 45 days of the cargo being tendered for approach. While Crowley suggests that initial 48-hour period has passed. transportation. In other cases, shippers reprogramming of the SERVCON system Generally, these types of mistakes are may initiate internal or outsourced would not be required to accommodate attributable to data entry errors on the audits of their bills of lading, which ‘‘batch’’ filing of multiple service SERVCON upload screen (e.g., a detect errors in filed service contracts contract amendments in a single typographical error is made when that differ from rates offered. These document, the Commission’s Office of entering the amendment number, audits may occur well after the 45-day Information Technology disagrees with service contract number or effective period. Crowley’s assessment. date, or the incorrect contract or The Commission recognizes that the The Commission’s current service amendment is attached during discovery of a clerical or administrative contract filing system requires filers to uploading). error in a service contract which is specify the effective date when The Commission believes that contrary to the agreement of the parties uploading an original service contract or allowing additional time to correct may not occur within 45 days of filing. a contract amendment. The technical data transmission errors The Commission frequently responds to Commission’s rules do not prohibit the would provide regulatory relief to a inquiries from carriers asking to correct inclusion in an original service contract narrow category of service contract a service contract error which was not or amendment of rates and terms that filing problems without hampering the discovered until after the current 45-day become effective on a date that is later Commission’s regulatory time limit for correction requests has than the contract or amendment’s responsibilities. Consequently, in the expired. In such cases, no regulatory overall effective date. Carriers are NPRM, the Commission proposed remedy exists and the parties must reminded, however, of their obligations extending the time permitted to file a make a commercial accommodation in under 46 CFR 530.12(b) to provide Corrected Transmission from 48 hours the service contract to address the ‘‘certainty of terms’’ in service contracts, after the service contract or amendment problem. including clearly designating all filing to 30 days. None of the Given the foregoing, the effective dates and the specific terms to commenters objected to this proposal Commission’s NPRM proposed which such dates have application. and WSC, Crowley, and NCBFAA extending the period in which to file a Based on the comments received, the expressly supported the change. service contract correction request from Commission has determined to maintain The Commission recognizes that 45 days after the contract’s filing to 180 its existing protocol requiring purely technical data transmission days. None of the commenters objected sequentially numbered amendments to errors occur when service contracts and to this proposal, and WSC, Crowley, and service contracts, i.e., Option 1. amendments are uploaded into the NCBFAA support extending the time to SERVCON system and has determined file a service contract correction request Section 530.10 Amendment, to provide regulatory relief by to 180 days. The Commission believes Correction, Cancellation, and Electronic substantially extending the time period that extending the time period to file Transmission Errors to correct such errors. While the service contract correction requests This section of the regulations industry has not submitted data provides a more efficient solution to addresses how service contracts may be quantifying the cost savings of this address a service contract amended, corrected, cancelled, and how relief, the Commission anticipates that administrative or clerical error than the to treat electronic transmission errors. this change will allow service contract costly commercial ‘‘work arounds’’

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described by carriers and used to its Plan for Retrospective Review of when the retroactive filing is made with address an error to remain in Existing Rules, the ocean carriers the Commission; such changes, in effect, compliance with existing regulations. requested that the Commission allow deprive the shipper of the opportunity The Commission recognizes that the correction process to also be used to negotiate the mitigation of any new ocean carriers and shippers can avoid for unfiled service contracts and service or previously uncommunicated charges. the potentially costly consequences of contract amendments. That is, they In the case of original service contracts, such errors if they have more time to file wanted to use the process for correcting shipper protections at the time of a service contract correction request. clerical or administrative errors to fix contracting and for the ensuing contract Increasing the time to file by four-fold the error of failing to file a service term are best assured by requiring that will not only better align the contract or amendment in the first the agreement be contemporaneously Commission’s filing requirements with place. In response to the ANPRM, filed as the best evidence of the actual industry business processes used to GMTS indicated its support for this agreement between the parties when identify and correct errors, it will proposal, provided that the Commission first reached. Such a change could also eliminate costly and inefficient maintain the requirement that an entity compromise the Commission’s ability to commercial solutions used to comply seeking a correction file an affidavit conduct its investigatory and with the current regulations. supporting the correction. In the NPRM, enforcement duties if unfiled contracts Therefore, the Commission is hereby the Commission did not propose were submitted on such a delayed basis amending its regulations to allow a extending the correction process for through the correction process. Unlike service contract correction request to be clerical or administrative errors to those limited and modest revisions to filed within 180 days of the contract’s situation in which a carrier failed to file accommodate industry needs for filing with the Commission. the contract. The Commission explained correction of contract amendments, Eliminate Carrier Affidavit and that extending the correction process in failure to file the original contract may Significantly Reduce Filing Fee this manner would undermine the conceal the very existence of a Shipping Act’s filing requirements and contractual arrangement in a given trade Ocean carriers requested that the shippers’ reliance thereon. lane or lanes, avoiding early detection of Commission eliminate the affidavit None of the commenters to the NPRM requirement for a service contract market-distorting practices by directly sought to revive the carriers’ individual carriers. For competing correction request and reduce the filing proposal. NITL did, however, mention it fee, previously set at $315. NITL carriers and NVOCCs, extension of the in its comment and stated that ‘‘[t]he correction process to unfiled original supported the elimination of the failure to file a contract or contract affidavit requirement terming it ‘‘unduly service contracts also may serve to amendment that is agreed upon between conceal or delay recognition of another burdensome.’’ If the affidavit the shipper and carrier can have serious requirement were eliminated, however, VOCC’s failure to adequately adverse consequences for the shipper.’’ distinguish between NVOCCs lawfully Commission time spent researching and NITL further noted that ‘‘[w]ithout a verifying information would lengthen entitled to contract with VOCCs, and contract on file the tariff must apply those unlicensed or unregistered entities considerably, and concomitantly, the which is often higher.’’ NITL filing fee would increase commensurate who are completely barred under the accordingly emphasized that ‘‘there statute from so contracting. with the additional time required for should be a process available to ensure research and analysis. The Commission Given the foregoing considerations, that a shipper is not penalized for a the Commission is not expanding the has determined that eliminating the carrier’s error in failing to file’’ a service service contract correction process to carrier affidavit requirement would not contract or amendment thereto. include unfiled service contracts and be beneficial to the service contract To the extent that the ‘‘process’’ NITL correction process, as the filing party is seeks is the carriers’ proposal to extend amendments. required to attest with specificity to the the correction process to include failing Subpart C—Publication of Essential factual circumstances surrounding the to file a service contract or amendment, Terms clerical or administrative error. With the Commission reiterates that the respect to the request to lower the filing Shipping Act requires that service Section 530.12 Publication fee, in the Commission recently reduced contracts be filed with the Commission. During discussions with stakeholders the fee in a separate rulemaking, from In the past, shippers have expressed held prior to the initiation of this $315 to $95, to reflect the Commission’s confidence in knowing that both the rulemaking, several advised that streamlined internal processes, which shipper and carrier will honor those essential terms publications were no rely upon the affidavits submitted with commitments found in service contracts longer accessed by the public or useful. the requests.8 The Commission has filed with the FMC. As discussed above, The Commission did not propose therefore determined to maintain the the Commission recognizes that some modifying its rules regarding the existing affidavit requirement as it flexibility in filing is needed and is publication of essential terms. NITL, provides clarity and certainty to the allowing amendments to service however, commented: corrections process and results in a contracts to be filed within 30 days of lower filing fee for correction requests. In our view, the publication of essential the agreement between the parties. terms of service contracts has likely now Extend the Service Contract Correction The potential for abuse of the outlived its commercial value. We do not Procedure To Include Unfiled Contracts correction process by allowing the believe that shippers or other primary and Amendments submission of unfiled contracts and stakeholders engaged in the ocean shipping amendments as much as 180 days after market rely on their publication any longer; Prior to the initiation of this shipments have commenced, however, it is likely a regulatory burden without any rulemaking and in response to the raises significant concerns of potential benefit, and we encourage the Commission to Commission’s request for comments on harm to shippers. As noted supra, eliminate the requirement for publication of commenters such as NCBFAA have essential terms in a service contract. 8 See FMC Docket No. 16–06, Update of Existing raised concerns that retroactive filings However, other stakeholders and Addition of New User Fees, 81 FR 59141–59145 (Aug. 29, 2016). The reduced fee became effective may lead shipper parties to learn of indicated that they rely on them for October 1, 2016. GRIs or other additional charges only various purposes, such as during a

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grievance proceeding under collective exempt commodities are not afforded made in this section to address when bargaining agreements. Given that some this opportunity. performance may commence under a stakeholders have indicated they still Only two parties commented on the service contract amendment. No find them of value, the Commission is issue of expanding the exempt comments were received regarding these not eliminating this requirement. commodity list. NITL stated that it changes. UPS commented that it supports the ‘‘believes this matter merits further Part 531—NVOCC Service ‘‘concept of allowing amendments to be examination and public dialogue.’’ NITL Arrangements filed and essential terms publication to did not elaborate or provide any be completed within a reasonable time additional information regarding the Subpart A—General Provisions after the effective date, rather than in nature of the dialogue it suggests. Nor In response to the NPRM, NCBFAA advance.’’ In this regard, 46 CFR did it suggest that this matter be reiterated its earlier comments in 530.12(h) provides that when the addressed in the current rulemaking. response to the Commission’s Plan for published statement of essential terms is A second, anonymous commenter Retrospective Review of Existing Rules, affected by filed amendments, identifying itself as an export trading and NCBFAA’s petition for rulemaking corrections or cancellations, the current company which trades agricultural in FMC Docket No. P2–15.10 NCBFAA terms shall be changed and published as products and ships approximately 5,000 supported the Commission’s soon as possible. We interpret that to TEUs annually, opposes expanding the consideration of regulatory changes mean the essential terms publication current exempt list of commodities, focused on reducing unnecessary associated with an amendment should citing ‘‘the business struggles it would regulatory burdens and easing be contemporaneous with the filing of create for ourselves and our customers compliance by potentially allowing the amendment with the Commission. that would arise if we did not have a more time to process amendments to 9 Subpart D—Exceptions and service contracts [sic] with carriers.’’ service contracts and NSAs, and to Implementation The company explains that the contracts correct technical or substantive errors they enter into with their customers made in filings. More specifically, Section 530.13 Exceptions and ‘‘contain many requirements that are NCBFAA supports the filing of Exemptions also guaranteed in our service contracts amendments for NSAs to be delayed up Section 530.13(a) Statutory Exceptions with ocean carriers’’ and expresses to 30 days after an amendment is agreed ‘‘fear’’ that without service contracts, Section 530.13(a) of the Commission’s to by the parties. UPS also supports the rates may only be offered to them on a regulations exempts certain concept of allowing NSA amendments 30-day basis. As this export trading commodities from the tariff publication to be filed ‘‘within a reasonable time company’s sales timeline is usually 90 and service contract filing requirements after the effective date,’’ as does NITL. days or more forward, they anticipate NCBFAA also proposes, both in its of the Shipping Act. See 46 U.S.C. that the ocean carriers would ‘‘gouge’’ comments to the NPRM and in its P2– 40501(a)(1) and 40502(b)(1). 15 petition, to ‘‘eliminate NSA filing Commodities currently exempt pursuant them on price, assessing GRIs and and publication requirements and to the Act are bulk cargo, forest raising rates without notice. Given the potential disadvantage to broaden the utility of NVOCC products, recycled metal scrap, new shippers in negotiating with ocean Negotiated Rate Agreements (‘NRAs’).’’ assembled motor vehicles, and waste carriers for transportation of exempt UPS strongly opposes ‘‘phasing out’’ paper or paper waste. WSC and Crowley supported commodities, and the lack of shipper NSAs in favor of unfiled NRAs. And expanding the list of exempt support for exempting additional NITL believes that the Commission ‘‘has commodities in their comments on the commodities, the Commission will not correctly deferred a decision on ANPRM. Concerns regarding expansion exercise its exemption authority under proposing more fundamental changes in of the list of exempt commodities 46 U.S.C. 40103 (section 16 of the the NVOCC regulatory realm to a future centered around shipper experiences Shipping Act) at this time to add new proceeding.’’ The Commission will address the pertaining to currently exempt commodities to the list of those requests to eliminate the NSA filing and commodities. Of note, two of the exempted from the FMC’s tariff publication requirements in a separate commodities proposed for exemption by publication and service contract filing rulemaking in response to NCBFAA’s WSC and the ocean carriers are requirements. Opening a dialogue on petition. Accordingly, the Commission commodities for which shippers pay whether to expand the exempt takes no position at this time on the some of the highest freight rates in the commodity list could significantly delay comments supporting or opposing such U.S. export trade, namely, refrigerated this rulemaking, and the Commission a change, and the Commission hereby cargoes and cattle hides. Exporters of notes that concerned stakeholders with implements those amendments to part currently exempt commodities have compelling reasons to request an 531, described in detail below, specific expressed frustration regarding the exemption may petition the to this rulemaking. ocean carrier practice of offering exempt Commission at any time. commodity tariff rates with periods of Section 530.14 Implementation Section 531.3 Definitions limited duration, in some cases for only As the Commission will allow up to Section 531.3(k) Effective Date 30 to 60 days, rather than for the longer 30 days for filing service contract periods that are customary in service The Commission’s regulations amendments after the agreement of the presently require that an NSA or contracts. Further, exempt commodity parties, corresponding changes will be tariffs are not published and do not 10 NCBFAA filed a petition for rulemaking on provide shippers with 30 days’ notice 9 Although exempting additional commodities April 18, 2015. See Docket No. P2–15, Petition of prior to implementation of rate from the tariff publication and service contract the National Customs Brokers and Forwarders increases. Whereas service contracts filing requirements would not prevent shippers and Association of America, Inc. for Initiation of allow shippers to negotiate rates and carriers from entering into service contracts for Rulemaking (NCBFAA Petition). The Commission those commodities, it appears that the commenter has accepted the NCBFAA Petition and, as terms with carriers to tailor services and is echoing our concern, stated above, that carriers previously announced, will address the proposals terms to the shipper’s specific needs, often do not afford shippers of exempt commodities presented therein in a subsequent rulemaking many exporters advise that shippers of the opportunity to enter into service contracts. proceeding.

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amendment be filed on or before the development, would allow the FMC’s the NSA or amendment’s filing; and (2) date it becomes effective. The majority SERVCON system to alert filers at the extending the period to file an NSA of commenters addressing NSA time of uploading service contracts, correction request under § 531.8(b) from amendments supported the Commission NSAs, and amendments thereto, if an 45 days to 180 days after the NSA or granting NVOCCs the same flexibility in NVOCC contract signatory or affiliate is amendment’s filing. not in good standing. The system- filing NSA amendments that it is Subpart C—Publication of Essential generated alert notifying the filer that an granting to carriers in filing service Terms contract amendments. As described in NVOCC is not in good standing is detail above, the Commission has intended to leverage technology to assist Section 531.9 Publication determined to allow the filing of service filers with compliance. It does not result As noted previously, NCBFAA’s contract amendments up to 30 days after in the rejection of an NSA filing. comments requested that the an amendment is agreed to by the The Commission has further Commission consider whether the NSA contract parties. The Commission investigated the technical feasibility of filing and the essential term publication believes that it is appropriate to extend adding the proposed Organization requirements are necessary, and the same regulatory relief to NVOCCs Number entry and verification proposed eliminating those and hereby allow amendments to NSAs capabilities to SERVCON and has requirements. Similarly, NITL expressed to become effective on the date specified determined that the necessary that, in their view, the publication of by the parties, so long as the improvements would take well over a essential terms has likely outlived its amendment is filed no later than 30 year to make to the system. As with the commercial value. days after agreement is reached. corresponding review of allowing The Commission will address the VOCCs to check the status of an request to eliminate all NSA publication Section 531.5 Duty To File NVOCC, the Commission has requirements in the future rulemaking The Commission is adding regulatory determined not to proceed with regarding NCBFAA’s petition, No. P2– language in § 530.5 to apprise service regulatory modifications at this time. 15. contract filers of the option to use the The Commission may take up this issue automated web services when filing in future rulemaking proceedings. Subpart D—Exceptions and Implementation contracts and their corresponding Section 531.6(d)(5) Certification of amendments. As larger volume filers of Shipper Status Section 531.10 Excepted and NSAs may find web services Exempted Commodities advantageous, the Commission wishes As noted above, shipper parties to service contracts must certify their The Commission sought comment on to avail NVOCCs of this option as well. whether to treat VOCC service contracts Therefore, the Commission is adding status under the current service contract regulations in part 530. The and NSAs, as well as the tariffs of both language to this section to alert NSA VOCCs and NVOCCs, in a similar filers of their ability to use web services Commission sought comment on whether to make this requirement fashion with respect to exempted to file NSAs and amendments, should commodities. No comments were filed they so choose. consistent and uniform for both service contracts and NSAs. No comments were addressing this issue in the context of Subpart B—Filing Requirements filed that directly addressed NVOCCs. As the Commission is not certification of shipper status in NSAs. exercising its exemption authority Section 531.6 NVOCC Service under 46 U.S.C. 40103 (section 16 of the Arrangements Because this proposal would not result in immediate deregulatory impacts, the Shipping Act to exempt additional Currently, the Commission’s Commission has determined not to commodities for VOCCs, it will not do regulations require that an NSA or adopt an amendment to this so for NVOCCs under this section. amendment be filed on or before the requirement. Section 531.11 Implementation date it becomes effective. As discussed above, the Commission will allow up to Section 531.8 Amendment, Correction, Changes regarding the effective date 30 days for filing NSA amendments Cancellation, and Electronic of service contract amendments have after their effective date, and will make Transmission Errors been adopted by the Commission under corresponding changes to § 531.6. As Under the Commission’s regulations, part 530. The Commission is adopting with service contracts, amendments are both VOCC service contracts and NSAs similar requirements for NSA to be filed sequentially rather than in are agreements between a common amendments in part 531. ‘‘batches.’’ carrier and a shipper for the carriage of III. Regulatory Notices and Analysis cargo. Given these congruencies, the Section 531.6(d) Other Requirements Commission plans to treat NSAs in a Regulatory Flexibility Act Pursuant to § 531.6(d)(4), an NVOCC similar manner as service contracts The Regulatory Flexibility Act may not knowingly and willfully enter regarding the correction procedures. A (codified as amended at 5 U.S.C. 601– into an NSA with another NVOCC that complete discussion of the changes 612) provides that whenever an agency is not in compliance with the requested by commenters concerning promulgates a final rule after being Commission’s tariff and proof of service contract amendment, correction, required to publish a notice of proposed financial responsibility requirements. cancellation, and electronic rulemaking under the Administrative As more fully discussed above with transmission errors is included above. Procedure Act (APA) (5 U.S.C. 553), the respect to the revisions in § 530.6, the NCBFAA and NITL supported applying agency must prepare and make available industry frequently refers to the the regulatory relief extended to VOCCs a final regulatory flexibility analysis Commission’s Web site, www.fmc.gov, to NVOCCs as well. (FRFA) describing the impact of the rule to verify whether an NVOCC contract Therefore, the Commission is: (1) on small entities, unless the head of the holder or affiliate is compliant with Extending the period to file a Corrected agency certifies that the rulemaking will these requirements. Transmission to remedy an NSA not have a significant economic impact The NPRM requested comment on electronic transmission error under on a substantial number of small different options that, upon § 531.8(c) from 48 hours to 30 days after entities. 5 U.S.C. 604–605. The

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Chairman of the Federal Maritime As noted above, this final rule will List of Subjects Commission certifies that this final rule increase the flexibility of these 46 CFR Part 530 will not have a significant economic arrangements by allowing service impact on a substantial number of small contract and NSA amendments to Freight, Maritime carriers, Report and entities. The Commission has become effective before being filed with recordkeeping requirements. determined that VOCCs generally do not the Commission and by extending the 46 CFR Part 531 qualify as small under the guidelines of time period in which parties can file the Small Business Administration Corrected Transmissions and correction Freight, Maritime carriers, Report and (SBA),11 while the majority of NVOCCs requests with respect to service recordkeeping requirements. and some shippers do qualify as small contracts and NSAs. In addition, the For the reasons stated in the under the SBA guidelines. The Commission is not adopting the supplementary information, the Federal Commission concludes, however, that proposed requirement that carrier Maritime Commission amends 46 CFR the final rule would not have a parties to service contracts and NSAs parts 530 and 531 as follows: significant economic impact on a enter into SERVCON an NVOCC’s 6- substantial number of small entities. digit FMC Organization Number in a PART 530—SERVICE CONTRACTS In this regard, the final rule would new data field in the SERVCON system, ■ affect the filing of service contracts and when an NVOCC is the contract holder 1. The authority citation for part 530 NSAs, both of which may have small or affiliate. Accordingly, the continues to read as follows: NVOCCs or shippers as parties. This Commission has determined that this Authority: 5 U.S.C. 553; 46 U.S.C. 305, final rule will increase the flexibility of rule will not increase the burdens 40301–41306, 40501–40503, 41307. these arrangements by allowing service associated with the relevant information ■ 2. Amend § 530.3 by revising contract and NSA amendments to collections. paragraph (i) to read as follows: become effective before being filed with the Commission and by extending the Congressional Review Act § 530.3 Definitions. time period in which parties can file The rule is not a ‘‘major rule’’ as * * * * * Corrected Transmissions and correction defined by the Congressional Review (i) Effective date means the date upon requests with respect to service Act, codified at 5 U.S.C. 801 et seq. The which a service contract or amendment contracts and NSAs. Accordingly, this rule will not result in: (1) An annual is scheduled to go into effect by the final rule will not have a significant effect on the economy of $100,000,000 parties to the contract. For an original impact on small NVOCCs or small or more; (2) a major increase in costs or service contract, the effective date shippers. prices; or (3) significant adverse effects cannot be prior to the filing date with Paperwork Reduction Act on competition, employment, the Commission. For a service contract The Paperwork Reduction Act of 1995 investment, productivity, innovation, or amendment, the effective date can be no (44 U.S.C. 3501–3521) (PRA) requires an the ability of United States-based more than thirty (30) calendar days agency to seek and receive approval companies to compete with foreign- prior to the filing date with the from the Office of Management and based companies. 5 U.S.C. 804(2). Commission. A service contract or amendment thereto becomes effective at Budget (OMB) before collecting National Environmental Policy Act information from the public. 44 U.S.C. 12:01 a.m. Eastern Standard Time on the 3507. The agency must submit The Commission’s regulations beginning of the effective date. collections of information in proposed categorically exclude rulemakings * * * * * rules to OMB in conjunction with the related to the receipt of service contracts ■ 3. Amend § 530.8 by revising publication of the notice of proposed from any requirement to prepare an paragraph (a) to read as follows: rulemaking. 5 CFR 1320.11. environmental assessment or an The information collection environmental impact statement § 530.8 Service contracts. requirements in part 530, Service because they do not increase or decrease (a) Authorized persons shall file with Contracts, and part 531, NVOCC Service air, water or noise pollution or the use BTA, in the manner set forth in Arrangements, are currently authorized of fossil fuels, recyclables, or energy. 46 appendix A of this part, a true and under OMB Control Numbers 3072– CFR 504.4(a)(5). This rule falls within complete copy of: 0065 and 3072–0070, respectively. the categorical exclusion, and no (1) Every service contract before any In compliance with the PRA, the environmental assessment or cargo moves pursuant to that service Commission submitted the proposed environmental impact statement is contract; and revised information collections to the required. (2) Every amendment to a filed service Office of Management and Budget. Regulation Identifier Number contract no later than thirty (30) days Notice of the revised information after any cargo moves pursuant to that collections was published in the The Commission assigns a regulation service contract amendment. Federal Register and public comments identifier number (RIN) to each * * * * * were invited. See 81 FR 51446 (August regulatory action listed in the Unified ■ 22, 2016). Comments received regarding 4. Amend § 530.10 by revising the Agenda of Federal Regulatory and introductory text of paragraph (c) and the proposed changes, as well as the Deregulatory Actions (Unified Agenda). Commission’s responses, are discussed the first sentence of paragraph (d) to The Regulatory Information Service read as follows: above. No comments specifically Center publishes the Unified Agenda in addressed the revised information April and October of each year. You § 530.10 Amendment, correction, collections in part 530 and part 531. may use the RIN contained in the cancellation, and electronic transmission heading at the beginning of this errors. 11 See FMC Policy and Procedures Regarding document to find this action in the * * * * * Proper Considerations of Small Entities in Rulemakings 4 (Feb. 7, 2003), available at http:// Unified Agenda, available at http:// (c) Corrections. Requests shall be www.fmc.gov/assets/1/Page/SBREFA_Guidelines_ www.reginfo.gov/public/do/ filed, in duplicate, with the 2003.pdf. eAgendaMain. Commission’s Office of the Secretary

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within one-hundred eighty (180) days of (1) Every NSA before any cargo moves the day it is effective, provided that the the contract’s filing with the pursuant to that NSA; and amendment is filed no later than thirty Commission, accompanied by (2) Every amendment to a filed NSA (30) calendar days after the effective remittance of a $95 service fee and shall no later than thirty (30) days after any date. include: cargo moves pursuant to that NSA By the Commission. amendment. * * * * * Rachel Dickon, (d) Electronic transmission errors. An * * * * * Assistant Secretary. (d) * * * authorized person who experiences a [FR Doc. 2017–06557 Filed 4–3–17; 8:45 am] purely technical electronic transmission (1) For service pursuant to an NSA, no BILLING CODE P error or a data conversion error in NVOCC may, either alone or in transmitting a service contract filing or conjunction with any other person, amendment thereto is permitted to file directly or indirectly, provide service in the liner trade that is not in accordance a Corrected Transmission (‘‘CT’’) of that FEDERAL COMMUNICATIONS with the rates, charges, classifications, filing within 30 days of the date and COMMISSION time of receipt recorded in SERVCON. rules and practices contained in an *** effective NSA. 47 CFR Parts 1 and 54 * * * * * * * * * * ■ 5. Amend § 530.14 by revising ■ 9. Amend § 531.8 by revising [WC Docket No. 10–90, WT Docket No. 10– paragraph (a) to read as follows: paragraphs (b)(1) and (c) to read as 208; FCC 17–11] follows: § 530.14 Implementation. Connect America Fund; Universal § 531.8 Amendment, correction, Service Reform—Mobility Fund (a) Generally. Performance under an cancellation, and electronic transmission original service contract may not begin errors. Correction before the day it is effective and filed * * * * * In rule document 2017–05665 with the Commission. Performance (b) * * * appearing on page 15422 in the issue of under a service contract amendment (1) Requests shall be filed, in Tuesday, March 28, 2017, make the may not begin until the day it is duplicate, with the Commission’s Office following corrections: effective, provided that the amendment of the Secretary within one-hundred is filed with the Commission no later eighty (180) days of the NSA’s filing § 54.1016 Letter of credit (a)(2) [Corrected] than thirty (30) calendar days after the with the Commission, accompanied by effective date. remittance of a $95 service fee. ■ 1. On page 15452, in the third column, in the 51st through 54th line, paragraph * * * * * * * * * * (2) should read: (c) Electronic transmission errors. An PART 531—NVOCC SERVICE ‘‘(2) The bank issuing the letter of ARRANGEMENTS authorized person who experiences a purely technical electronic transmission credit shall be acceptable to the Commission. A bank that is acceptable ■ error or a data conversion error in 6. The authority citation for part 531 to the Commission is:’’ continues to read as follows: transmitting an NSA or an amendment thereto is permitted to file a Corrected § 54.1019 Annual reports (f) [Corrected] Authority: 46 U.S.C. 40103. Transmission (‘‘CT’’) of that filing ■ 7. Amend § 531.3 by revising within 30 days of the date and time of ■ 2. On page 15455, in the second paragraph (k) to read as follows. receipt recorded in SERVCON. This column, in the 56th through 64th line, time-limited permission to correct an paragraph (f) should read: § 531.3 Definitions. initial defective NSA filing may not be ‘‘(g) A mobile eligible * * * * * used to make changes in the original telecommunications carrier that submits (k) Effective date means the date upon NSA rates, terms or conditions that are the annual reporting information which an NSA or amendment is otherwise provided for in § 531.6(b). required by this section within three (3) scheduled to go into effect by the parties The CT tab box in SERVCON must be days of the July 1 deadline will not to the contract. For an original NSA, the checked at the time of resubmitting a receive a reduction in support if the effective date cannot be prior to the previously filed NSA, and a description mobile eligible telecommunications filing date with the Commission. For an of the correction made must be stated at carrier has not missed the July 1 NSA amendment, the effective date can the beginning of the corrected NSA in deadline in any prior year.’’ be no more than thirty (30) calendar a comment box. Failure to check the CT days prior to the filing date with the § 54.1020 Milestone reports (2)(g) box and enter a description of the [Corrected] Commission. An NSA or amendment correction will result in the rejection of thereto becomes effective at 12:01 a.m. a file with the same name, since ■ 3. On pages 15455 and 15456, Eastern Standard Time on the beginning documents with duplicate file names or § 54.1020(2)(g) should read: of the effective date. NSA and amendment numbers are not ‘‘(f) A mobile eligible * * * * * accepted by SERVCON. telecommunications carrier that submits ■ 8. Amend § 531.6 by revising * * * * * the milestone reporting information paragraphs (a) and (d)(1) to read as ■ 10. Revise § 531.11 to read as follows. required by this section within three (3) follows: days of the deadline will not receive a § 531.11 Implementation. reduction in support if the mobile § 531.6 NVOCC Service Arrangements. Generally. Performance under an eligible telecommunications carrier has (a) Authorized persons shall file with original NSA may not begin before the not missed the deadline in any prior BTA, in the manner set forth in day it is effective and filed with the year.’’ appendix A of this part, a true and Commission. Performance under an [FR Doc. C1–2017–05665 Filed 4–3–17; 8:45 am] complete copy of: NSA amendment may not begin until BILLING CODE 1301–00–D

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DEPARTMENT OF THE INTERIOR accomplishments since the Migratory Who is eligible to hunt under these Bird Treaties with Canada and Mexico regulations? Fish and Wildlife Service were amended, and a history, were Eligibility to harvest under the originally addressed in the Federal regulations established in 2003 was 50 CFR Part 92 Register on August 16, 2002 (67 FR limited to permanent residents, 53511) and most recently on April 1, [Docket No. FWS–R7–MB–2016–0136; regardless of race, in villages located 2016 (81 FR 18781). FF09M21200–156–FXMB1231099BPP0] within the Alaska Peninsula, Kodiak RIN 1018–BB71 Recent Federal Register documents Archipelago, the Aleutian Islands, and and all final rules setting forth the in areas north and west of the Alaska Migratory Bird Subsistence Harvest in annual harvest regulations are available Range (50 CFR 92.5). These geographical Alaska; Harvest Regulations for at http://www.fws.gov/alaska/ambcc/ restrictions opened the initial migratory Migratory Birds in Alaska During the regulations.htm or by contacting the bird subsistence harvest to about 13 2017 Season person listed under FOR FURTHER percent of Alaska residents. High- INFORMATION CONTACT. populated, roaded areas such as AGENCY: Fish and Wildlife Service, Interior. What is the process for issuing Anchorage, the Matanuska-Susitna and Fairbanks North Star boroughs, the ACTION: Final rule. regulations for the subsistence harvest of migratory birds in Alaska? Kenai Peninsula roaded area, the Gulf of SUMMARY: The U.S. Fish and Wildlife Alaska roaded area, and Southeast Service (Service or we) is establishing The U.S. Fish and Wildlife Service is Alaska were excluded from eligible migratory bird subsistence harvest establishing migratory bird subsistence- subsistence harvest areas. regulations in Alaska for the 2017 harvest regulations in Alaska for the In response to petitions requesting season. These regulations allow for the 2017 season. These regulations allow for inclusion in the harvest in 2004, we continuation of customary and the continuation of customary and added 13 additional communities traditional subsistence uses of migratory traditional subsistence uses of migratory consistent with the criteria set forth at birds in Alaska and prescribe regional birds in Alaska and prescribe regional 50 CFR 92.5(c). These communities information on when and where the information on when and where the were Gulkana, Gakona, Tazlina, Copper harvesting of birds may occur. These harvesting of birds may occur. These Center, Mentasta Lake, Chitina, regulations were developed under a co- regulations were developed under a co- Chistochina, Tatitlek, Chenega, Port management process involving the management process involving the Graham, Nanwalek, Tyonek, and Service, the Alaska Department of Fish Service, the Alaska Department of Fish Hoonah, with a combined population of and Game, and Alaska Native and Game, and Alaska Native 2,766. In 2005, we added three representatives. The rulemaking is representatives. additional communities for glaucous- necessary because the regulations The Alaska Migratory Bird Co- winged gull egg gathering only in governing the subsistence harvest of management Council (Co-management response to petitions requesting migratory birds in Alaska are subject to Council) held meetings on April 6–7, inclusion. These southeastern annual review. This rulemaking 2016, to develop recommendations for communities were Craig, Hydaburg, and establishes region-specific regulations changes that would take effect during Yakutat, with a combined population of that go into effect on March 31, 2017, the 2017 harvest season. The Co- 2,459, according to the latest census and expire on August 31, 2017. management Council also amended the information at that time. DATES: This is rule is effective March 31, consent agenda package of carry-over In 2007, we enacted the Alaska 2017 through August 31, 2017. regulations to request a limited emperor Department of Fish and Game’s request FOR FURTHER INFORMATION CONTACT: goose harvest for 2017; these to expand the Fairbanks North Star Donna Dewhurst, U.S. Fish and Wildlife recommended changes were presented Borough excluded area to include the Service, 1011 E. Tudor Road, Mail Stop first to the Pacific Flyway Council and Central Interior area. This action 201, Anchorage, AK 99503; (907) 786– then to the Service Regulations excluded the following communities 3499. Committee (SRC) for approval at the from participation in this harvest: Big SUPPLEMENTARY INFORMATION: SRC meeting on July 31, 2015. Delta/Fort Greely, Healy, McKinley Park/Village, and Ferry, with a Why is this rulemaking necessary? On February 10, 2017, we published in the Federal Register a proposed rule combined population of 2,812. This rulemaking is necessary because, (82 FR 10316) to amend 50 CFR part 92 In 2012, we received a request from by law, the migratory bird harvest to establish regulations for the 2017 the Native Village of Eyak to include season is closed unless opened by the spring and summer subsistence harvest Cordova, Alaska, for a limited season Secretary of the Interior, and the of migratory birds in Alaska at subpart that would legalize the traditional regulations governing subsistence D, and to make certain changes to the gathering of gull eggs and the hunting of harvest of migratory birds in Alaska are permanent regulations at subpart C. We waterfowl during spring. This request subject to public review and annual resulted in a new, limited harvest of approval. This rule establishes accepted public comments on the proposed rule for 30 days, ending March spring waterfowl and gull eggs starting regulations for the taking of migratory in 2014. birds for subsistence uses in Alaska 13, 2017. A summary of the comments during the spring and summer of 2017. we received, and our responses to them, What is different in the regulations for This rule also sets forth a list of is provided below, under Summary of 2017? Comments and Responses. migratory bird season openings and Subpart C closures in Alaska by region. This Final Rule Under subpart C, General Regulations How do I find the history of these This rule contains no changes from Governing Subsistence Harvest, we are regulations? the proposed regulation amendments amending § 92.22, the list of birds open Background information, including published in the February 10, 2017, to subsistence harvest, by adding past events leading to this rulemaking, proposed rule (82 FR 10316). emperor goose (Chen canagica) and by

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amending cackling goose to allow egg supported the Co-management Council’s Pacific Flyway Emperor Goose gathering. recommendation to work with the State Management Plan. The Co-management Council of Alaska and the Service to develop In 2016, work continued on the proposed a new emperor goose limited harvest regulations and monitoring for a Alaska Migratory Bird Co-management subsistence hunt for the 2016 season. limited emperor goose harvest in 2016. Council draft Management Plan for Since 2012, the Co-management Council On July 31, 2015, the SRC supported the emperor geese. The Co-management has received regulatory proposals from Co-management Council’s proposed Council’s Management Plan was the the Sun’aq Tribe of Kodiak, the Kodiak- limited harvest of emperor geese for the first of its kind developed cooperatively Aleutians Subsistence Regional 2016 Alaska spring and summer for managing the emperor goose Advisory Council, the Yaquillrit subsistence season. However, the population of Alaska and was signed by Keutisti Council (Bristol Bay), and the approval was provisional based upon the Co-management Council on Bering Strait/Norton Sound Migratory the following: September 1, 2016. Adoption of the Co- Bird Council (Kawerak) to open the (1) A limited harvest of 3,500 emperor management Council’s Emperor Goose harvest of emperor geese for the geese to ensure that population growth Management Plan was contingent on the subsistence season. Since the hunting continues toward the Flyway adoption of the Pacific Flyway Emperor season has been closed since 1987 for management plan objective; Goose Management Plan by the Pacific emperor geese, the Co-management (2) A harvest allocation (e.g., an Flyway Council. The Pacific Flyway Council created a subcommittee to individual, family, or Village quota or Council adopted the 2016 Pacific address these proposals. The emperor permit hunt) that ensures harvest does Flyway Emperor Goose Management goose harvest was guided by the 2006 not exceed 3,500; Plan on September 30, 2016. The Co- Pacific Flyway Management Plan and (3) Agreement on a monitoring management Council’s Management the 2005–2006 Yukon-Kuskokwim Delta program to index abundance of the Plan specifies regulations for the spring/ Goose Management Plan. Between 80 emperor goose population; and summer subsistence hunt period and and 90 percent of the emperor goose (4) A revised Pacific Flyway Emperor will serve as a companion to the 2016 population breeds on the Yukon- Goose Management Plan, including revision of the Pacific Flyway Kuskokwim Delta of Alaska, and most harvest allocation among all parties Management Plan for the Emperor emperor geese winter in remote western (including spring/summer and fall/ Goose, which specifies regulations for Alaska, with the remainder wintering in winter), population objective, the fall/winter harvest of emperor geese. Russia. population monitoring, and thresholds The Co-management Council’s Two studies were conducted for season restriction or closure. Management Plan supersedes the concurrently by the Service and the The harvest allocation design and Yukon-Kuskokwim Delta Goose Alaska Department of Fish and Game. harvest monitoring plan were to be Management Plan for emperor goose The first study provided a completed by November 1, 2016. management. In both management comprehensive evaluation of all Additionally, there was an explicit plans, the spring survey index was been available emperor goose survey data and statement that the limited, legalized replaced by a summer survey index of assessed harvest potential of the harvest of 3,500 birds was not in indicated total birds (total bird index) population. The second study addition to existing subsistence harvest derived from aerial surveys of emperor developed a Bayesian state space (approximately 3,200 emperor geese). goose abundance on the Yukon- population model to improve estimates The 3,500-bird allowable harvest was to Kuskokwim Delta (YKD Coastal Zone of population size by integrating current be allocated to subsistence users during Survey). The total bird index is less population assessment methods using the spring and summer subsistence biased and more precise than the spring all available data sets. The model season. The SRC suggested that the survey index and is based on statistical provides a framework from which to allowable harvest should be monitored sampling theory. The 2016 survey index make inferences about survival rates, to ensure it does not exceed 3,500 birds. was 34,109 (SE = 2,490) emperor geese, age structure, and population size. The On August 13–14, and September 21, which equates to a total rangewide results of these studies will assist in 2015, the Co-management Council population of about 177,000 geese. The amending the management plans. Native Caucus met separately and with most recent 3-year (2014–2016) average The 2016 spring emperor goose all partners to discuss options available population index is 30,965 emperor survey was conducted April 21–24, to limit and monitor the harvest, as well geese, representing a total rangewide 2016. The spring index was 79,348 as options to allocate the 3,500 birds population of about 161,000 geese. The birds, which represented a 19.2 percent across the six regions where emperor Co-management Council’s Plan for the decrease from the previous count in geese occur. Given the limited time emperor goose establishes a population 2015. The current 3-year (2014–2016) provided to address the four conditions objective consistent with the abundance average count of 85,795 is 4.8 percent placed on this new harvest by the SRC, achieved in 2016 (i.e., abundance index above the previous 3-year (2012–2015 all partners agreed that the best course = 34,109) after about 30 years of hunting [no survey in 2013]) average of 81,875. of action would be to spend additional season closures. Further, it is above the threshold for time working together to develop a The total bird index and population consideration of an open hunting season culturally sensitive framework tailored objective are viewed as interim on emperor geese as specified in the to each participating region that strategies that will be reevaluated after Yukon-Kuskokwim Delta Goose conserves the population and 3 years of the Co-management Council’s Management Plan and the Pacific adequately addresses the data needs of Management Plan implementation, Flyway Council Management Plan for all partners. In support of this while other population-assessment emperor geese. recommendation, the Co-management models are further evaluated and As a result of this new information, Council took action to: Postpone an refined, and an agreement developed on the Co-management Council amended emperor goose harvest until 2017; work the most appropriate short- and long- their motion of the consent agenda to with all partners to develop the harvest term survey protocols. add an allowance for a limited emperor framework; and work with their The Co-management Council’s goose harvest in 2016. The Pacific Emperor Goose Subcommittee and the Management Plan outlines an emperor Flyway Council met in July 2015, and Pacific Flyway Council on updating the goose harvest strategy based on using a

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total bird index from the YKD Coastal management plan and be effective for Committee. This season would include Zone Survey to assess population status the remainder of the 5-year term. The a 30-day closure to protect nesting birds. relative to a regulatory harvest spring/summer subsistence harvest- Likewise, we find that this approach threshold. The total bird index is a strategy is complementary to the fall/ will provide for the preservation and relative measure of population size winter harvest strategy included in the maintenance of the subspecies based on the number of geese detected Pacific Flyway Emperor Goose population of cackling geese. from aerial surveys on the Yukon- Management Plan. In recognition that Subpart D Kuskokwim Delta during the early emperor geese are a shared resource, the nesting period. The Co-management Co-Management Council has established The regulations in subpart D, Annual Council’s Plan allows for an open the following spring/summer Regulations Governing Subsistence subsistence harvest when the YKD subsistence-harvest guidelines: Harvest, include changes from our 2016 Coastal Zone Survey index equals or (1) The harvest strategy seeks to regulations for the Prince William exceeds 28,000 geese, which equates to maintain a population of emperor geese Sound East and Northwest Arctic a total rangewide population size of above an index of 23,000 birds based on regions as discussed below. about 146,000 geese based on current the total bird index from the most recent The Chugach Regional Resource model-based estimates. A more YKD Coastal Zone Survey; Commission submitted a proposal to restrictive harvest quota will be (2) If the total bird index from the open the Cordova subsistence harvest, considered if the population index previous year is greater than 23,000 on the barriers islands of Prince William declines below 28,000 geese to help birds, then spring/summer subsistence Sound, to include residents of Tatitlek reduce the probability for a subsequent harvest of emperor geese will be open to and Chenega Bay. This would allow closed season. The harvest season will customary and traditional practices; residents of these two small be closed if the population index (3) If the total bird index from the communities also to be able to take declines below 23,000 emperor geese, previous year drops below 28,000 birds, advantage of this limited harvest which equates to a total rangewide the Co-management Council will opportunity in their area. The number of population size of about 120,000 geese. consider implementing conservation participants from Cordova is much The decision to restrict the harvest measures that include: Increased smaller than originally anticipated; quota when the population is between outreach and education programs, thus, it is likely that added eligibility for 23,000 and 28,000 geese depends on Co- reduced season length (e.g., 2-week these two small communities would not management Council recommendations harvest season), extension of the 30-day pose a significant increase in harvest. to the Service after review of current closure, cessation of egg collection, The Co-management Council supported year population status relative to the limiting hunting to elder and this proposal with the provision that objective, trends, and other information. ceremonial harvest only, or other registration would be available in each The Service maintains authority to measures as identified by the parties to community, and that outreach would be establish a more conservative quota for the management plan; and provided on the regulations. allowable take if determined (4) If the total bird index from the The Northwest Arctic Regional appropriate. previous year is less than 23,000 birds, Council submitted a proposal to amend The population thresholds for then emperor goose hunting will be hunting season dates to reflect a trend consideration of hunting season closed. for earlier spring migration and to be restrictions and closure represent about The Service finds that this approach able to hunt molting geese that stage in 80 percent and 70 percent of the will provide for the preservation and their area. In subsequent meetings population objective (i.e., abundance maintenance of emperor geese in between the Service and the Regional level achieved in 2016; 34,109 geese). Alaska. See 16 U.S.C. 712(1). Council, dates were adjusted and Selection of these thresholds by the The Association of Village Council clarified to have waterfowl harvest, Service and the Co-management Council Presidents’ Waterfowl Conservation including hunting and egg gathering, were informed by an analysis conducted Committee submitted a proposal to open from April 2 through June 14, which by the Service. The Service’s analysis egg gathering of the cackling goose would resume July 16, after the required derived the hunting season restrictions subspecies of Canada goose (Branta 30-day nesting closure. The harvest of and closure thresholds given canadensis) in the Yukon/Kuskokwim nonbreeding, molting geese would run conservation and harvest objectives, Delta Region of Alaska. Currently all of July 1 through July 15. The Co- uncertainty in abundance and harvest the cackling geese nest on the Yukon/ management Council unanimously estimation, and a predictive Kuskokwim Delta. The 2016 fall supported the amended dates at their demographic model (E. Osnas and C. cackling Canada goose population index Statewide meeting in April 2016. Frost, U.S. Fish and Wildlife Service, is 327,453 ± 21,104 (SE) birds and the How will the service ensure that the unpublished report). 3-year (2014–2016) average is 320,658 The term of this harvest strategy is 5 birds. These estimates are 5.7 percent subsistence migratory bird harvest years. However, during the 3-year below and 0.9 percent above, complies with the Migratory Bird period (2017–2019) following respectively, those reported in 2015, Treaty Act, and will not threaten the implementation, the Subcommittee will and above the population objective conservation of endangered and annually review available data (e.g., threshold of 250,000 birds. The Co- threatened species? harvest survey data, population status management Council voted in April We have monitored subsistence and trend, and other relevant 2016 to support the proposal with the harvest for the past 25 years through the information) and consider the need for modification that the dates for egg use of household surveys in the most conservation measures. After the 3-year collecting would be lumped with the heavily used subsistence harvest areas, period, the Subcommittee will conduct existing harvest season that is such as the Yukon-Kuskokwim Delta. In a thorough analysis of the available data announced annually by the Service’s recent years, more intensive surveys to determine efficacy of the harvest Regional Director or his designee, after combined with outreach efforts focused strategy and will consider alternative consultation with field biologists and on species identification have been strategies if warranted. Alternatives will the Association of Village Council added to improve the accuracy of be considered as amendments to the Presidents’ Waterfowl Conservation information gathered from regions still

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reporting some subsistence harvest of measures in 2009 to further reduce the of the harvest. To reduce the threat of listed or candidate species. potential for shooting mortality or injury shooting mortality of threatened eiders, Based on our monitoring of the of closed species. These conservation we continue to work with North Slope migratory bird species and populations measures included: (1) Increased partners to conduct education and taken for subsistence, we find that this waterfowl hunter outreach and outreach. In addition, the emergency- regulation will provide for the community awareness through closure authority provides another level preservation and maintenance of partnering with the North Slope of assurance if an unexpected number of migratory bird stocks as required by the Migratory Bird Task Force; and (2) Steller’s eiders are killed by shooting Migratory Bird Treaty Act (16 U.S.C. continued enforcement of the migratory (50 CFR 92.21 and 50 CFR 92.32). 703–712). The Act’s 16 U.S.C. 712(1) bird regulations that are protective of In-season harvest-monitoring provision states that the Service, ‘‘is listed eiders. information will be used to evaluate the authorized to issue such regulations as This rule continues to focus on the efficacy of regulations, conservation may be necessary to assure that the North Slope from Barrow to Point Hope measures, and outreach efforts. taking of migratory birds and the because Steller’s eiders from the listed Conservation measures are being collection of their eggs, by the Alaska breeding population are known continued by the Service, with the indigenous inhabitants of the State of to breed and migrate there, and harvest amount of effort and emphasis being Alaska, shall be permitted for their own survey data and direct observations based on regulatory adherence. nutritional and other essential needs, as indicate take during subsistence harvest The longstanding general emergency- determined by the Secretary of the has occurred there. These regulations closure provision at 50 CFR 92.21 Interior, during seasons established so are designed to address several ongoing specifies that the harvest may be closed as to provide for the preservation and eider-management needs by clarifying or temporarily suspended upon finding maintenance of stocks of migratory for subsistence users that (1) Service law that a continuation of the regulation birds.’’ Communication and enforcement personnel have authority to allowing the harvest would pose an coordination between the Service, the verify species of birds possessed by imminent threat to the conservation of Co-management Council, and the Pacific hunters, and (2) it is illegal to possess any migratory bird population. With Flyway Council have allowed us to set any species of bird closed to harvest. regard to Steller’s eiders, the regulations harvest regulations to ensure the long- This rule also describes how the at 50 CFR 92.32, carried over from the term viability of the migratory bird Service’s existing authority of past 6 years, clarify that we will take stocks. In addition, Alaska migratory emergency closure would be action under 50 CFR 92.21 as is bird subsistence harvest rates have implemented, if necessary, to protect necessary to prevent further take of continued to decline since the inception Steller’s eiders. We are always willing to Steller’s eiders, and that action could of the subsistence-harvest program, discuss regulations with our partners on include temporary or long-term closures reducing concerns about the program’s the North Slope to ensure protection of of the harvest in all or a portion of the consistency with the preservation and closed species while providing geographic area open to harvest. When maintenance of stocks of migratory subsistence hunters an opportunity to and if mortality of threatened eiders is birds. maintain the culture and traditional documented, we will evaluate each As for the ensuring the conservation migratory bird harvest of the mortality event by criteria such as of Endangered Species Act (ESA)-listed community. These regulations cause, quantity, sex, age, location, and species, spectacled eiders (Somateria pertaining to bag checks and possession date. We will consult with the Co- fischeri) and the Alaska-breeding of illegal birds are deemed necessary to management Council when we are population of Steller’s eiders (Polysticta monitor take of closed eider species considering an emergency closure. If we stelleri) are listed as threatened species. during the subsistence hunt. determine that an emergency closure is Their migration and breeding In collaboration with North Slope necessary, we will design it to minimize distribution overlap with areas where partners, a number of conservation its impact on the subsistence harvest. the spring and summer subsistence efforts have been implemented to raise Endangered Species Act Consideration migratory bird hunt is open in Alaska. awareness and educate hunters on Both species are closed to hunting, Steller’s eider conservation via the bird Section 7 of the Endangered Species although harvest surveys and Service fair, meetings, radio shows, signs, Act (16 U.S.C. 1536) requires the documentation indicate both species are school visits, and one-on-one contacts. Secretary of the Interior to ‘‘review other taken in several regions of Alaska. We Limited intermittent monitoring on the programs administered by him and have determined that this final rule North Slope, focused primarily at utilize such programs in furtherance of complies with the ESA (see Endangered Barrow, found no evidence that listed the purposes of the Act’’ and to ‘‘insure Species Act Consideration discussion, eiders were shot in 2009 through 2012; that any action authorized, funded, or below). one Steller’s eider and one spectacled carried out * * * is not likely to The Service has dual objectives and eider were found shot during the jeopardize the continued existence of responsibilities for authorizing a summer of 2013; one Steller’s eider was any endangered species or threatened subsistence harvest while protecting found shot in 2014; and no listed eiders species or result in the destruction or migratory birds and threatened species. were found shot in 2015 or 2016. adverse modification of [critical] Although these objectives continue to be Elsewhere in Alaska, one spectacled habitat. * * *’’ We conducted an intra- challenging, they are not irreconcilable, eider that appeared to have been shot agency consultation with the Service’s provided that: (1) Regulations continue was found dead on the Yukon- Fairbanks Fish and Wildlife Field Office to protect threatened species, (2) Kuskokwim Delta in 2015. The Service on this harvest as it will be managed in measures to address documented threats acknowledges progress made with the accordance with this final rule and the are implemented, and (3) the other eider conservation measures, conservation measures. The subsistence community and other including partnering with the North consultation was completed with a conservation partners commit to Slope Migratory Bird Task Force, for biological opinion dated March 13, working together. With these dual increased waterfowl-hunter awareness, 2017, that concluded the final rule and objectives in mind, the Service, working continued enforcement of the conservation measures are not likely to with North Slope partners, developed regulations, and in-season verification jeopardize the continued existence of

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Steller’s and spectacled eiders or result provided in our response to Comments requiring that we adopt the commenter’s in the destruction or adverse (4) and (5). suggestion. modification of designated critical Comment (4): We received two Statutory Authority habitat. comments on opening the emperor goose harvest that expressed concern Summary of Comments and Responses We derive our authority to issue these that the way the upcoming open regulations from the Migratory Bird On February 10, 2017, we published subsistence hunt is structured poses a Treaty Act of 1918, at 16 U.S.C. 712(1), in the Federal Register a proposed rule risk to the emperor goose population. which authorizes the Secretary of the (82 FR 10316) to amend 50 CFR part 92 Both commenters suggested lowering Interior, in accordance with the treaties to establish regulations in Alaska for the the number of emperor geese allowed to with Canada, Mexico, Japan, and Russia, 2017 subsistence season. We accepted be taken. to ‘‘issue such regulations as may be public comments on the proposed rule Service Response: The harvestable necessary to assure that the taking of for 30 days, ending March 13, 2017. We quotas were arrived at via a co- migratory birds and the collection of posted an announcement of the management process that involved the their eggs, by the indigenous inhabitants comment-period dates for the proposed Service, Alaska Department of Fish and of the State of Alaska, shall be permitted rule, as well as the rule itself and related Game, and Alaska Native Peoples from for their own nutritional and other historical documents, on the Co- all regions supporting emperor geese. essential needs, as determined by the The term of this harvest strategy is 5 management Council’s Internet Secretary of the Interior, during seasons years. However, during the 3-year homepage. By facsimile (fax), we issued established so as to provide for the period (2017–2019) following a press release, announcing our request preservation and maintenance of stocks implementation, available harvest- for public comments and the pertinent of migratory birds.’’ deadlines for such comments, to the related data (e.g., harvest survey data, media Statewide in Alaska. population status and trend, and other Effective Date of This Rule relevant information) will be examined Additionally, we made all relevant The amendments to subparts C and D documents available on http:// and the need for conservation measures will be considered. Further, the harvest of 50 CFR part 92 will take effect on www.regulations.gov. In response to the March 31, 2017 (see DATES, above). If proposed rule, the Service received strategy adopted by the Pacific Flyway Council and the Alaska Migratory Bird there was a delay in the effective date seven comments. The comments are of these regulations after this final addressed below by topic. Co-Management Council includes specific population indices associated rulemaking, subsistence hunters would Comments (1 and 2): We received one with customary and traditional harvest, not be able to take full advantage of general comment on the overall restricted harvest, and closure. their subsistence hunting opportunities. regulations that expressed strong Comment (5): We received one We therefore find that ‘‘good cause’’ opposition to the concept of allowing comment on the upcoming emperor exists justifying the earlier start date, any hunting of migratory birds in goose harvest that suggested limiting the within the terms of 5 U.S.C. 553(d)(3) of Alaska; another commenter read the hunt to a narrower geographical region the Administrative Procedure Act, and above-mentioned comment online and to protect the nesting grounds. under authority of the Migratory Bird rebutted it, defending waterfowl Service Response: The majority of Treaty Act (July 3, 1918), as amended hunting and its sustainability. emperor geese nest on the Yukon- (16 U.S.C. 703–712). Service Response: For centuries, Kuskokwim Delta. The Pacific Flyway Required Determinations indigenous inhabitants of Alaska have Council and Alaska Migratory Bird Co- harvested migratory birds for Management Plans incorporate the use Regulatory Planning and Review subsistence purposes during the spring of the Yukon-Kuskokwim Coastal Zone (Executive Orders 12866 and 13563) and summer months. The Canada and Breeding Pair Survey to monitor this Mexico migratory bird treaties were population and the potential effects of Executive Order 12866 provides that amended for the express purpose of harvest, thereby ensuring the increased the Office of Information and Regulatory allowing subsistence hunting for likelihood of detecting any negative Affairs (OIRA) will review all significant migratory birds during the spring and impacts to the breeding population. rules. OIRA has determined that this summer. The amendments indicate that Finally, as agreed upon in the rule is not significant. the Service should issue regulations amendment of the Migratory Bird Treaty Executive Order 13563 reaffirms the allowing such hunting as provided in Act (Japan Treaty), the Yukon- principles of E.O. 12866 while calling the Migratory Bird Treaty Act; see 16 Kuskokwim Delta region is required to for improvements in the nation’s U.S.C. 712(1). See also Statutory identify and enforce a 30-day closure regulatory system to promote Authority, below, for more details. period during the nesting season. predictability, to reduce uncertainty, Comment (3): We received two The structure of the emperor goose and to use the best, most innovative, comments on the opening of the subsistence harvest in Alaska was and least burdensome tools for emperor goose harvest that expressed developed in a co-management process achieving regulatory ends. The support for the renewed hunt, stating that provides equal access to all executive order directs agencies to that a properly managed hunt may qualified subsistence users. However, consider regulatory approaches that actually help the birds by putting more Alaska Native peoples living in this reduce burdens and maintain flexibility money into management of the species. region have primarily relied on Pacific and freedom of choice for the public Also, one commenter stated that they white-fronted geese and cackling where these approaches are relevant, were pleased this co-management effort Canada geese. While important from feasible, and consistent with regulatory will give Alaskans the opportunity to cultural and traditional aspects, objectives. E.O. 13563 emphasizes hunt emperor geese again. emperor geese have not comprised a further that regulations must be based Service Response: The Service substantive proportion of migratory bird on the best available science and that appreciates the support on this harvest in this region, and we do not the rulemaking process must allow for conservation success story for emperor expect high levels of subsistence public participation and an open geese. Additional information is hunting activities on nesting grounds exchange of ideas. We have developed

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this rule in a manner consistent with will not impose a cost of $100 million Civil Justice Reform (Executive Order these requirements. or more in any given year on local, 12988) State, or tribal governments or private Regulatory Flexibility Act The Department, in promulgating this entities. The rule does not have a rule, has determined that it will not The Department of the Interior significant or unique effect on State, certifies that this rule will not have a unduly burden the judicial system and local, or tribal governments or the that it meets the requirements of significant economic impact on a private sector. A statement containing substantial number of small entities as sections 3(a) and 3(b)(2) of Executive the information required by the Order 12988. defined under the Regulatory Flexibility Unfunded Mandates Reform Act is not Act (5 U.S.C. 601 et seq.). A regulatory required. Participation on regional Government-to-Government Relations flexibility analysis is not required. management bodies and the Co- With Native American Tribal Accordingly, a Small Entity Compliance management Council requires travel Governments Guide is not required. This rule expenses for some Alaska Native Consistent with Executive Order legalizes a pre-existing subsistence organizations and local governments. In 13175 (65 FR 67249; November 6, 2000), activity, and the resources harvested addition, they assume some expenses ‘‘Consultation and Coordination with will be consumed. related to coordinating involvement of Indian Tribal Governments’’, and Small Business Regulatory Enforcement village councils in the regulatory Department of Interior policy on Fairness Act process. Total coordination and travel Consultation with Indian Tribes This rule is not a major rule under 5 expenses for all Alaska Native (December 1, 2011), in February 2016, U.S.C. 804(2), the Small Business organizations are estimated to be less we sent letters via electronic mail to all Regulatory Enforcement Fairness Act. than $300,000 per year. In a notice of 229 Alaska Federally recognized Indian This rule: decision (65 FR 16405; March 28, 2000), tribes. Consistent with Congressional (a) Will not have an annual effect on we identified 7 to 12 partner direction (Pub. L. 108–199, div. H, Sec. the economy of $100 million or more. It organizations (Alaska Native nonprofits 161, Jan. 23, 2004, 118 Stat. 452, as legalizes and regulates a traditional and local governments) to administer amended by Pub. L. 108–447, div. H, subsistence activity. It will not result in the regional programs. The Alaska title V, Sec. 518, Dec. 8, 2004, 118 Stat. a substantial increase in subsistence Department of Fish and Game also 3267), we also sent letters to harvest or a significant change in incurs expenses for travel to Co- approximately 200 Alaska Native harvesting patterns. The commodities management Council and regional corporations and other tribal entities in that will be regulated under this rule are management body meetings. In Alaska soliciting their input if they migratory birds. This rule deals with addition, the State of Alaska will be would like the Service to consult with legalizing the subsistence harvest of required to provide technical staff them on the 2017 migratory bird migratory birds and, as such, does not support to each of the regional subsistence harvest regulations. We involve commodities traded in the management bodies and to the Co- received no requests for consultation. marketplace. A small economic benefit management Council. Expenses for the We implemented the amended treaty from this rule derives from the sale of State’s involvement may exceed with Canada with a focus on local equipment and ammunition to carry out $100,000 per year, but should not involvement. The treaty calls for the subsistence hunting. Most, if not all, exceed $150,000 per year. When creation of management bodies to businesses that sell hunting equipment funding permits, we make annual grant ensure an effective and meaningful role in rural Alaska qualify as small agreements available to the partner for Alaska’s indigenous inhabitants in businesses. We have no reason to organizations and the Alaska the conservation of migratory birds. believe that this rule will lead to a Department of Fish and Game to help According to the Letter of Submittal, disproportionate distribution of offset their expenses. management bodies are to include Alaska Native, Federal, and State of benefits. Takings (Executive Order 12630) (b) Will not cause a major increase in Alaska representatives as equals. They costs or prices for consumers; Under the criteria in Executive Order develop recommendations for, among individual industries; Federal, State, or 12630, this rule will not have significant other things: Seasons and bag limits, local government agencies; or takings implications. This rule is not methods and means of take, law enforcement policies, population and geographic regions. This rule does not specific to particular land ownership, harvest monitoring, education programs, deal with traded commodities and, but applies to the harvesting of research and use of traditional therefore, will not have an impact on migratory bird resources throughout knowledge, and habitat protection. The prices for consumers. Alaska. A takings implication management bodies involve village (c) Will not have significant adverse assessment is not required. effects on competition, employment, councils to the maximum extent investment, productivity, innovation, or Federalism (Executive Order 13132) possible in all aspects of management. the ability of U.S.-based enterprises to To ensure maximum input at the village compete with foreign-based enterprises. Under the criteria in Executive Order level, we required each of the 11 This rule deals with the harvesting of 13132, this rule does not have sufficient participating regions to create regional wildlife for personal consumption. It federalism implications to warrant the management bodies consisting of at will not regulate the marketplace in any preparation of a federalism summary least one representative from the way to generate substantial effects on impact statement. We discuss effects of participating villages. The regional the economy or the ability of businesses this rule on the State of Alaska in the management bodies meet twice to compete. Unfunded Mandates Reform Act annually to review and/or submit section, above. We worked with the proposals to the Statewide body. Unfunded Mandates Reform Act State of Alaska to develop these We have determined and certified regulations. Therefore, a federalism Paperwork Reduction Act of 1995 (PRA) under the Unfunded Mandates Reform summary impact statement is not This rule does not contain any new Act (2 U.S.C. 1501 et seq.) that this rule required. collections of information that require

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Office of Management and Budget PART 92—MIGRATORY BIRD each year. A press release announcing (OMB) approval under the PRA (44 SUBSISTENCE HARVEST IN ALASKA the actual closure dates will be U.S.C. 3501 et seq.). We may not forwarded to regional newspapers and conduct or sponsor and you are not ■ 1. The authority citation for part 92 radio and television stations. required to respond to a collection of continues to read as follows: (3) Special Black Brant and Cackling information unless it displays a Authority: 16 U.S.C. 703–712. Canada Goose Season Hunting Closure: currently valid OMB control number. From the period when egg laying begins OMB has reviewed and approved our Subpart C—General Regulations until young birds are fledged. Closure collection of information associated Governing Subsistence Harvest dates to be announced by the Service’s with: Alaska Regional Director or his ■ 2. Amend § 92.22 by: designee, after consultation with field • Voluntary annual household ■ a. Redesignating paragraph (a)(3) as biologists and the Association of Village surveys that we use to determine levels paragraph (a)(4); Council President’s Waterfowl of subsistence take (OMB Control ■ b. Adding a new paragraph (a)(3); and Conservation Committee. A press Number 1018–0124, expires October 31, ■ c. Revising paragraph (a)(6). release announcing the actual closure 2019). The addition and revision read as dates will be forwarded to regional • Permits associated with subsistence follows: newspapers and radio and television stations. hunting (OMB Control Number 1018– § 92.22 Subsistence migratory bird 0075, expires June 30, 2019). (c) Bristol Bay Region. species. (1) Season: April 2–June 14 and July • Emperor Goose Spring Subsistence * * * * * 16–August 31 (general season); April 2– Harvest Survey (to include number of (a) * * * July 15 for seabird egg gathering only. geese harvested, age, sex, and mass of (3) Emperor goose (Chen canagica). (2) Closure: June 15–July 15 (general birds harvested associated) (OMB * * * * * season); July 16–August 31 (seabird egg Control Number 1090–0011, expires (6) Canada goose, subspecies cackling gathering). August 31, 2018). goose. (d) Bering Strait/Norton Sound * * * * * Region. National Environmental Policy Act (1) Stebbins/St. Michael Area (Point Consideration (42 U.S.C. 4321 et seq.) Subpart D—Annual Regulations Romanof to Canal Point): (i) Season: April 15–June 14 and July The annual regulations and options Governing Subsistence Harvest 16–August 31. are considered in a December 2016 ■ (ii) Closure: June 15–July 15. environmental assessment, ‘‘Managing 3. Amend subpart D by adding § 92.31 to read as follows: (2) Remainder of the region: Migratory Bird Subsistence Hunting in (i) Season: April 2–June 14 and July Alaska: Hunting Regulations for the § 92.31 Region-specific regulations. 16–August 31 for waterfowl; April 2– 2017 Spring/Summer Harvest.’’ Copies The 2017 season dates for the eligible July 19 and August 21–August 31 for all are available from the person listed subsistence-harvest areas are as follows: other birds. under FOR FURTHER INFORMATION (a) Aleutian/Pribilof Islands Region. (ii) Closure: June 15–July 15 for CONTACT or at http:// (1) Northern Unit (Pribilof Islands): waterfowl; July 20–August 20 for all www.regulations.gov. (i) Season: April 2–June 30. other birds. (ii) Closure: July 1–August 31. (e) Kodiak Archipelago Region, except Energy Supply, Distribution, or Use for the Kodiak Island roaded area, (2) Central Unit (Aleutian Region’s (Executive Order 13211) which is closed to the harvesting of eastern boundary on the Alaska migratory birds and their eggs. The Executive Order 13211 requires Peninsula westward to and including closed area consists of all lands and Unalaska Island): agencies to prepare Statements of waters (including exposed tidelands) (i) Season: April 2–June 15 and July Energy Effects when undertaking certain east of a line extending from Crag Point 16–August 31. actions. This is not a significant in the north to the west end of Saltery (ii) Closure: June 16–July 15. regulatory action under this Executive Cove in the south and all lands and (iii) Special Black Brant Season Order; it allows only for traditional water south of a line extending from Closure: August 16–August 31, only in subsistence harvest and improves Termination Point along the north side conservation of migratory birds by Izembek and Moffet lagoons. of Cascade Lake extending to Anton allowing effective regulation of this (iv) Special Tundra Swan Closure: All Larsen Bay. Marine waters adjacent to harvest. Further, this rule is not hunting and egg gathering closed in the closed area are closed to harvest expected to significantly affect energy Game Management Units 9(D) and 10. within 500 feet from the water’s edge. supplies, distribution, or use. Therefore, (3) Western Unit (Umnak Island west The offshore islands are open to harvest. this action is not a significant energy to and including Attu Island): (1) Season: April 2–June 30 and July action under Executive Order 13211, (i) Season: April 2–July 15 and August 31–August 31 for seabirds; April 2–June and a Statement of Energy Effects is not 16–August 31. 20 and July 22–August 31 for all other required. (ii) Closure: July 16–August 15. birds. (b) Yukon/Kuskokwim Delta Region. (2) Closure: July 1–July 30 for List of Subjects in 50 CFR Part 92 (1) Season: April 2–August 31. seabirds; June 21–July 21 for all other (2) Closure: 30-day closure dates to be Hunting, Treaties, Wildlife. birds. announced by the Service’s Alaska (f) Northwest Arctic Region. Regulation Promulgation Regional Director or his designee, after (1) Season: April 2–June 14 and July consultation with field biologists and 16–August 31 (hunting in general); For the reasons set out in the the Association of Village Council waterfowl egg gathering April 2–June 14 preamble, we amend title 50, chapter I, President’s Waterfowl Conservation only; seabird egg gathering May 20–July subchapter G, of the Code of Federal Committee. This 30-day period will 12 only; hunting molting/non-nesting Regulations as follows: occur between June 1 and August 15 of waterfowl July 1–July 15 only.

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(2) Closure: June 15–July 15, except (ii) Upon request from a Service law Cordova offices of the Native Village of for the taking of seabird eggs and enforcement officer, hunters taking, Eyak and the U. S. Forest Service. molting/non-nesting waterfowl as attempting to take, or transporting (3) Kachemak Bay Area (Harvest area: provided in paragraph (f)(1) of this migratory birds taken during the Game Management Unit 15[C] South of section. subsistence harvest season must present a line connecting the tip of Homer Spit (g) North Slope Region. them to the officer for species to the mouth of Fox River) (Eligible (1) Southern Unit (Southwestern identification. Chugach Communities: Port Graham, North Slope regional boundary east to (h) Interior Region. Nanwalek): Peard Bay, everything west of the (1) Season: April 2–June 14 and July (i) Season: April 2–May 31 and July longitude line 158°30′ W. and south of 16–August 31; egg gathering May 1–June 1–August 31. the latitude line 70°45′ N. to the west 14 only. (ii) Closure: June 1–30. bank of the Ikpikpuk River, and (2) Closure: June 15–July 15. (k) Cook Inlet (Harvest area: portions everything south of the latitude line (i) Upper Copper River Region of Game Management Unit 16[B] as 69°45′ N. between the west bank of the (Harvest Area: Game Management Units specified below) (Eligible communities: Ikpikpuk River to the east bank of 11 and 13) (Eligible communities: Tyonek only): Sagavinirktok River): Gulkana, Chitina, Tazlina, Copper (1) Season: April 2–May 31—That (i) Season: April 2–June 29 and July Center, Gakona, Mentasta Lake, portion of Game Management Unit 16(B) 30–August 31 for seabirds; April 2–June Chistochina and Cantwell). south of the Skwentna River and west 19 and July 20–August 31 for all other (1) Season: April 15–May 26 and June of the Yentna River, and August 1–31— birds. 27–August 31. That portion of Game Management Unit (ii) Closure: June 30–July 29 for (2) Closure: May 27–June 26. 16(B) south of the Beluga River, Beluga seabirds; June 20–July 19 for all other (3) The Copper River Basin Lake, and the Triumvirate Glacier. birds. communities listed above also (2) Closure: June 1–July 31. documented traditional use harvesting (iii) Special Black Brant Hunting (l) Southeast Alaska. birds in Game Management Unit 12, Opening: From June 20–July 5. The (1) Community of Hoonah (Harvest making them eligible to hunt in this unit open area consists of the coastline, from area: National Forest lands in Icy Strait using the seasons specified in paragraph mean high water line outward to and Cross Sound, including Middle Pass (h) of this section. include open water, from Nokotlek Rock near the Inian Islands, Table Rock ° ′ (j) Gulf of Alaska Region. in Cross Sound, and other traditional Point east to longitude line 158 30 W. (1) Prince William Sound Area West This includes Peard Bay, Kugrua Bay, locations on the coast of Yakobi Island. (Harvest area: Game Management Unit The land and waters of Glacier Bay and Wainwright Inlet, but not the Kuk 6[D]), (Eligible Chugach communities: and Kugrua river drainages. National Park remain closed to all Chenega Bay, Tatitlek): subsistence harvesting (50 CFR part (2) Northern Unit (At Peard Bay, (i) Season: April 2–May 31 and July everything east of the longitude line 100.3(a)): 1–August 31. (i) Season: Glaucous-winged gull egg 158°30′ W. and north of the latitude line (ii) Closure: June 1–30. gathering only: May 15–June 30. 70°45′ N. to west bank of the Ikpikpuk (2) Prince William Sound Area East (ii) Closure: July 1–August 31. River, and everything north of the (Harvest area: Game Management Units ° ′ (2) Communities of Craig and latitude line 69 45 N. between the west 6[B]and [C]—Barrier Islands between Hydaburg (Harvest area: Small islands bank of the Ikpikpuk River to the east Strawberry Channel and Softtuk Bar), and adjacent shoreline of western Prince bank of Sagavinirktok River): (Eligible Chugach communities: of Wales Island from Point Baker to (i) Season: April 2–June 6 and July 7– Cordova, Tatitlek, and Chenega Bay): Cape Chacon, but also including August 31 for king and common eiders; (i) Season: April 2–April 30 (hunting); Coronation and Warren islands): April 2–June 15 and July 16–August 31 May 1–May 31 (gull egg gathering). (i) Season: Glaucous-winged gull egg for all other birds. (ii) Closure: May 1–August 31 gathering only: May 15–June 30. (ii) Closure: June 7–July 6 for king and (hunting); April 2–30 and June 1– (ii) Closure: July 1–August 31. common eiders; June 16–July 15 for all August 31 (gull egg gathering). (3) Community of Yakutat (Harvest other birds. (iii) Species Open for Hunting: greater area: Icy Bay (Icy Cape to Point Riou), (3) Eastern Unit (East of eastern bank white-fronted goose; snow goose; and coastal lands and islands bordering of the Sagavanirktok River): gadwall; Eurasian and American the Gulf of Alaska from Point Manby (i) Season: April 2–June 19 and July wigeon; blue-winged and green-winged southeast to and including Dry Bay): 20–August 31. teal; mallard; northern shoveler; (i) Season: Glaucous-winged gull egg (ii) Closure: June 20–July 19. northern pintail; canvasback; redhead; gathering: May 15–June 30. (4) All Units: yellow-billed loons. ring-necked duck; greater and lesser (ii) Closure: July 1–August 31. Annually, up to 20 yellow-billed loons scaup; king and common eider; ■ 4. Amend subpart D by adding § 92.32 total for the region inadvertently harlequin duck; surf, white-winged, and to read as follows: entangled in subsistence fishing nets in black scoter; long-tailed duck; the North Slope Region may be kept for bufflehead; common and Barrow’s § 92.32 Emergency regulations to protect subsistence use. goldeneye; hooded, common, and red- Steller’s eiders. (5) North Coastal Zone (Cape breasted merganser; and sandhill crane. Upon finding that continuation of Thompson north to Point Hope and east Species open for egg gathering: these subsistence regulations would along the Arctic Ocean coastline around Glaucous-winged, herring, and mew pose an imminent threat to the Point Barrow to Ross Point, including gulls. conservation of threatened Steller’s Iko Bay, and 5 miles inland). (iv) Use of Boats/All-Terrain Vehicles: eiders (Polysticta stelleri), the U.S. Fish (i) No person may at any time, by any No hunting from motorized vehicles or and Wildlife Service Alaska Regional means, or in any manner, possess or any form of watercraft. Director, in consultation with the Co- have in custody any migratory bird or (v) Special Registration: All hunters or management Council, will immediately part thereof, taken in violation of egg gatherers must possess an annual under § 92.21 take action as is necessary subparts C and D of this part. permit, which is available from the to prevent further take. Regulation

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changes implemented could range from FOR FURTHER INFORMATION CONTACT: mt to the annual amount to vessels a temporary closure of duck hunting in Obren Davis, 907–586–7228. using pot gear. a small geographic area to large-scale SUPPLEMENTARY INFORMATION: NMFS Classification regional or Statewide long-term closures manages the groundfish fishery in the This action responds to the best of all subsistence migratory bird GOA exclusive economic zone available information recently obtained hunting. These closures or temporary according to the Fishery Management from the fishery. The Acting Assistant suspensions will remain in effect until Plan for Groundfish of the Gulf of Administrator for Fisheries, NOAA the Regional Director, in consultation Alaska (FMP) prepared by the North (AA), finds good cause to waive the with the Co-management Council, Pacific Fishery Management Council requirement to provide prior notice and determines that the potential for under authority of the Magnuson- opportunity for public comment additional Steller’s eiders to be taken no Stevens Fishery Conservation and pursuant to the authority set forth at 5 longer exists. Management Act. Regulations governing U.S.C. 553(b)(B) as such requirement is Dated: March 28, 2017. fishing by U.S. vessels in accordance impracticable and contrary to the public Maureen D. Foster, with the FMP appear at subpart H of 50 interest. This requirement is CFR part 600 and 50 CFR part 679. Acting Assistant Secretary for Fish and impracticable and contrary to the public Wildlife and Parks. The A season allowance of the 2017 interest as it would prevent NMFS from [FR Doc. 2017–06592 Filed 3–31–17; 8:45 am] Pacific cod total allowable catch (TAC) responding to the most recent fisheries BILLING CODE 4333–15–P apportioned to catcher vessels using data in a timely fashion and would trawl gear in the Central Regulatory delay the reallocation of Pacific cod Area of the GOA is 6,933 metric tons specified from catcher vessels using DEPARTMENT OF COMMERCE (mt), as established by the final 2017 trawl gear to vessels using pot gear. and 2018 harvest specifications for Since the fishery is currently open, it is National Oceanic and Atmospheric groundfish of the GOA (82 FR 12032, important to immediately inform the Administration February 27, 2017). industry as to the revised allocations. The Administrator, Alaska Region, Immediate notification is necessary to 50 CFR Part 679 NMFS, (Regional Administrator) has allow for the orderly conduct and determined that catcher vessels using efficient operation of this fishery, to [Docket No. 160920866–7167–02] trawl gear will not be able to harvest allow the industry to plan for the fishing 1,500 mt of the A season apportionment RIN 0648–XF332 season, and to avoid potential of the 2017 Pacific cod TAC allocated to disruption to the fishing fleet as well as Fisheries of the Exclusive Economic those vessels under processors. NMFS was unable to Zone Off Alaska; Reallocation of § 679.20(a)(12)(i)(B)(4). In accordance publish a notice providing time for Pacific Cod in the Central Regulatory with § 679.20(a)(12)(ii)(B) the Regional public comment because the most Area of the Gulf of Alaska Administrator has also determined that recent, relevant data only became vessels using pot gear in the Central available as of March 29, 2017. AGENCY: National Marine Fisheries Regulatory Area of the GOA currently The AA also finds good cause to Service (NMFS), National Oceanic and have the capacity to harvest this excess waive the 30-day delay in the effective Atmospheric Administration (NOAA), allocation and reallocates 1,500 mt to date of this action under 5 U.S.C. Commerce. vessels using pot gear. Therefore, NMFS 553(d)(3). This finding is based upon ACTION: Temporary rule; reallocation. apportions 1,500 mt of Pacific cod from the reasons provided above for waiver of the A season apportionments for catcher prior notice and opportunity for public SUMMARY: NMFS is reallocating the vessels using trawl gear to vessels using comment. projected unused amount of Pacific cod pot gear in the Central Regulatory Area This action is required by § 679.20 from catcher vessels using trawl gear to of the GOA. and is exempt from review under vessels using pot gear in the Central The harvest specifications for Pacific Executive Order 12866. Regulatory Area of the Gulf of Alaska cod included in the final 2017 and 2018 Authority: 16 U.S.C. 1801 et seq. (GOA). This action is necessary to allow harvest specifications for groundfish of the A season apportionment of the 2017 the GOA (82 FR 12032, February 26, Dated: March 30, 2017. total allowable catch of Pacific cod to be 2017) are revised as follows: 5,433 mt to Karen H. Abrams, harvested. the A season apportionment and 12,141 Acting Deputy Director, Office of Sustainable DATES: Effective March 31, 2017 through mt to the annual amount for catcher Fisheries, National Marine Fisheries Service. 1200 hours, Alaska local time (A.l.t.), vessels using trawl gear and 7,349 mt to [FR Doc. 2017–06644 Filed 3–30–17; 4:15 pm] June 10, 2017. the A season apportionment and 10,621 BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 82, No. 63

Tuesday, April 4, 2017

This section of the FEDERAL REGISTER Washington, DC 20002. Include CFPB– (Dodd-Frank Act).2 Regulation B also contains notices to the public of the proposed 2017–0009 or RIN 3170–AA65 in a includes certain optional model forms issuance of rules and regulations. The reference line at the top of the for use in complying with certain purpose of these notices is to give interested submission. Regulation B requirements. One of those persons an opportunity to participate in the rule making prior to the adoption of the final Instructions: All submissions should forms is a 2004 version of the Uniform rules. include the agency name and docket Residential Loan Application (URLA) number or Regulatory Information issued by the Federal National Mortgage Number (RIN) for this rulemaking. Association (Fannie Mae) and the BUREAU OF CONSUMER FINANCIAL Because paper mail in the Washington, Federal Home Loan Mortgage PROTECTION DC area and at the Bureau is subject to Corporation (Freddie Mac) (collectively, delay, commenters are encouraged to the Enterprises). 12 CFR Part 1002 submit comments electronically. In The Bureau issued a final rule in [Docket No. CFPB–2017–0009] general, all comments received will be October of 2015 amending Regulation C posted without change to http:// (2015 HMDA final rule), which RIN 3170–AA65 www.regulations.gov. In addition, included changes to the collection of Amendments to Equal Credit comments will be available for public inspection and copying at 1275 First applicants’ ethnicity and race Opportunity Act (Regulation B) information.3 The Enterprises recently Ethnicity and Race Information Street NE., Washington, DC 20002, on official business days between the hours issued a new version of the URLA (2016 Collection 4 of 10 a.m. and 5 p.m. Eastern Time. You URLA). The Bureau proposes to amend AGENCY: Bureau of Consumer Financial can make an appointment to inspect the various sections of Regulation B to Protection. documents by telephoning (202) 435– further the purposes of ECOA including ACTION: Proposed rule with request for 7275. to promote the availability of credit to all creditworthy applicants without public comment. All comments, including attachments regard to race, color, religion, national SUMMARY: The Bureau of Consumer and other supporting materials, will become part of the public record and origin, sex, marital status, or age Financial Protection (Bureau) proposes (provided the applicant has the capacity amendments to Regulation B to permit subject to public disclosure. Sensitive personal information, such as account to contract) and other protected creditors additional flexibility in characteristics. The proposed complying with Regulation B in order to numbers or Social Security numbers, should not be included. Comments will amendments to § 1002.13 would permit facilitate compliance with Regulation C, a creditor additional flexibility in how to add certain model forms and remove not be edited to remove any identifying it collects applicant ethnicity and race others from Regulation B, and to make or contact information. information in order to better align with various other amendments to Regulation FOR FURTHER INFORMATION CONTACT: B and its commentary to facilitate the Regulation C, as amended in the 2015 Kathryn Lazarev or James Wylie, HMDA final rule. The proposed collection and retention of information Counsels, Office of Regulations, at 202– amendments to Appendix B would about the ethnicity, sex, and race of 435–7700. certain mortgage applicants. remove the URLA dated January 2004 SUPPLEMENTARY INFORMATION: DATES: Comments must be received on (2004 URLA) from Regulation B and add or before May 4, 2017. I. Summary of the Proposed Rule additional sample forms to Regulation B to facilitate compliance. The proposed ADDRESSES: You may submit comments, identified by Docket No. CFPB–2017– Regulation B implements the Equal amendments to § 1002.5 would permit 0009 or RIN 3170–AA65, by any of the Credit Opportunity Act (ECOA) and, in creditors to collect applicant following methods: part, prohibits a creditor from inquiring information in certain circumstances • Email: FederalRegisterComments@ about the race, color, religion, national when they would not otherwise be cfpb.gov. Include Docket No. CFPB– origin or sex of a credit applicant except required to do so. The proposed 2017–0009 or RIN 3170–AA65 in the under certain circumstances.1 One of amendments to § 1002.12 would address subject line of the email. those circumstances is a requirement for retention of information about certain • Electronic: http:// creditors to collect and retain certain applicants. www.regulations.gov. Follow the information about applicants for certain instructions for submitting comments. dwelling-secured loans under • Mail: Monica Jackson, Office of the Regulation B § 1002.13. Another Executive Secretary, Consumer circumstance is the applicant Financial Protection Bureau, 1700 G information required to be collected and 2 Dodd-Frank Wall Street Reform and Consumer reported under Regulation C by Protection Act, Public Law 111–203, 124 Stat. 1376 Street NW., Washington, DC 20552. (2010). Include CFPB–2017–0009 or RIN 3170– financial institutions. Regulation C, 12 3 Home Mortgage Disclosure (Regulation C); 80 FR AA65 in a reference line at the top of CFR part 1003, implements the Home 66128 (Oct. 28, 2015). the submission. Mortgage Disclosure Act (HMDA), as 4 See Fannie Mae, Guide Forms (2016), available • Hand Delivery/Courier: Monica amended by the Dodd-Frank Wall Street at, https://www.fanniemae.com/singlefamily/ Reform and Consumer Protection Act selling-servicing-guide-forms (listing all selling and Jackson, Office of the Executive servicing guide forms); see also Freddie Mac, Forms Secretary, Consumer Financial and Documents (2016) http://www.freddiemac.com/ Protection Bureau, 1275 First Street NE., 1 15 U.S.C. 1691, 12 CFR part 1002. singlefamily/guide/ (same).

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II. Background covered by Regulation C, creditors mortgage loans or fewer than 100 open- subject to § 1002.13 but not to end lines of credit in either of the two A. Regulation B and Ethnicity and Race Regulation C are required only to collect prior years. As a result, when revised Information Collection and retain, but not to report, the Regulation C takes effect, an With some exceptions, Regulation B required protected applicant- institution’s obligation to collect and § 1002.5(b) prohibits a creditor from characteristic information. report information under Regulation C inquiring about the race, color, religion, may change over time based on its prior B. 2015 HMDA Final Rule national origin, or sex of an applicant or loan volume. any other person (protected applicant- The Dodd-Frank Act transferred characteristic information) in rulemaking authority for HMDA to the C. Uniform Residential Loan connection with a credit transaction. Bureau, effective July 2011.7 It also Application Section 1002.5(a)(2) provides an amended HMDA to add new data points The Enterprises, currently under the exception to that prohibition for and authorized the Bureau to require conservatorship of the Federal Housing information that creditors are required additional information from covered Finance Agency (FHFA), prepare and to request for certain dwelling-secured institutions. Regulation C implements periodically revise a Uniform loans under § 1002.13, and for HMDA and sets out specific Residential Loan Application (URLA) information required by a regulation, requirements for the collection, used by many lenders for certain order, or agreement issued by or entered recording, reporting, and disclosure of dwelling-related loans. A mortgage loan into with a court or an enforcement mortgage lending information, including application must be documented using agency to monitor or enforce a requirement to collect and report the URLA in the mortgage loan file for compliance with ECOA, Regulation B, information about an applicant’s the loan to be eligible for sale to the or other Federal or State statutes or ethnicity, race, and sex (applicant Enterprises.11 A version of the URLA regulations, including Regulation C. demographic information). dated January 2004 (2004 URLA) is Section 1002.13 sets forth the scope, In July 2014, the Bureau proposed included in appendix B to Regulation B required information, and manner for amendments to Regulation C to as a model form for use in complying collecting information about an implement the Dodd-Frank Act changes with § 1002.13. Appendix B provides applicant’s ethnicity, race, sex, marital to require collection, recording, and that the use of its model forms is status, and age under Regulation B (In reporting of additional information to optional under Regulation B but that, if this notice, ‘‘applicant demographic further HMDA’s purposes, and to a creditor uses an appropriate appendix information’’ refers to information about modernize the manner in which covered B model form, or modifies a form in an applicant’s ethnicity, race, or sex institutions report HMDA data.8 The accordance with instructions provided information collected under § 1002.13 Bureau published a final rule on in appendix B, that creditor shall be or, as discussed below, Regulation C, October 28, 2015, amending Regulation deemed to be acting in compliance with while ‘‘certain protected applicant- C, with many of the amendments taking § 1002.5(b) through (d).12 characteristic information’’ refers to all effect January 1, 2018.9 (In this notice, The Enterprises, under the information collected under § 1002.13, ‘‘current Regulation C’’ refers to conservatorship of the FHFA, issued a including age and marital status.) Under Regulation C prior to January 1, 2018, revised and redesigned URLA on § 1002.13(a)(1), creditors that receive an and ‘‘revised Regulation C’’ refers to August 23, 2016 (2016 URLA).13 This application for credit primarily for the Regulation C as it will be in effect on or issuance was part of the effort of these purchase or refinancing of a dwelling after January 1, 2018, as amended by the occupied (or to be occupied) by the 2015 HMDA final rule.) For data 11 Fannie Mae, Selling Guide: Single Family Seller applicant as a principal residence, collected in or after 2018, the 2015 Servicer (Dec. 16, 2016), § B1–1–01, available at https://www.fanniemae.com/content/guide/selling/ where the extension of credit will be HMDA final rule amends the b1/1/01.html; Freddie Mac, Single-Family Seller/ secured by the dwelling, must collect requirement for collection and reporting Servicer Guide (Sep. 21, 2016), § 3401.7, available certain protected applicant- of applicant demographic information. at http://www.freddiemac.com/singlefamily/guide/ characteristic information, including Specifically, covered institutions must bulletins/snapshot.html. permit applicants to self-identify their 12 Comment app. B–1 provides that a previous specified race and ethnicity categories. version of the URLA, dated October 1992, may be These race and ethnicity categories ethnicity and race using certain used by creditors without violating Regulation B. In correspond to the OMB standards for disaggregated ethnic and racial addition, comment app. B–2 provides that the the classification of Federal data on subcategories. Covered institutions will home-improvement and energy loan application 5 report the disaggregated information form prepared by the Enterprises, dated October ethnicity and race minimum standards. 1986, complies with the requirements of Regulation Certain of these categories include provided by applicants. However, B for some creditors but not others, depending on several more specific race, heritage, revised Regulation C will not require or whether the creditor is governed by § 1002.13(a) or nationality, or country of origin groups. permit covered institutions to use the subject to a substitute monitoring program under disaggregated subcategories when § 1002.13(d). The Enterprises no longer offer the For example, Hispanic or Latino as home-improvement and energy loan application defined by OMB for the 2010 Census collecting and reporting the applicant’s form identified in comment app. B–2 See Fannie refers to a person of Cuban, Mexican, ethnicity and race based on visual Mae, Guide Forms (2016), available at https:// Puerto Rican, South or Central observation or surname.10 www.fanniemae.com/singlefamily/selling-servicing- Revised Regulation C § 1003.2(g)(1)(v) guide-forms (listing all current selling and servicing American, or other Spanish culture or guide forms); see also Freddie Mac, Forms and origin.6 Section 1002.13(b) through (c) and 1003.2(g)(2)(ii) also introduces an Documents (2016) available at http:// provides instructions on the manner of exemption to the requirement to report www.freddiemac.com/singlefamily/guide/ (same). collection. Unlike financial institutions information for financial institutions 13 Fannie Mae, Uniform Residential Loan that originated fewer than 25 closed-end Application (Aug. 2016), https:// www.fanniemae.com/content/guide_form/urla- 5 Office of Mgmt. and Budget, Revisions to the borrower-information.pdf; see also Press Release, 7 Standards for the Classification of Federal Data on Public Law 111–203, 124 Stat. 1376. Uniform Mortgage Data Program, Fannie Mae and Race and Ethnicity, 62 FR 58782–90 (Oct. 30, 1997). 8 Home Mortgage Disclosure (Regulation C), 79 FR Freddie Mac at the direction of the FHFA, The 6 See U.S. Census Bureau, C2010BR–02, Overview 51731 (Aug. 29, 2014). Redesigned URLA and ULAD Mapping Document of Race and Hispanic Origin: 2010, at 2 (2011), 9 80 FR 66128 (Oct. 28, 2015). Are Here! (Aug. 23, 2016), available at https:// available at http://www.census.gov/prod/cen2010/ 10 Id. at 66314 (amendments to appendix B to www.fanniemae.com/content/news/urla- briefs/c2010br-02.pdf. Regulation C, effective January 1, 2018). announcement-august-2016.pdf.

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entities to update the Uniform Loan However, before that date, such Comptroller of the Currency (OCC), the Application Dataset (ULAD). Among inquiries are not required by current Federal Reserve Board (FRB), and the other changes, the 2016 URLA includes Regulation C and would not have been National Credit Union Administration a Demographic Information section allowed under Regulation B (NCUA), the Bureau conducted outreach (section 7) that addresses the § 1002.5(a)(2), and therefore creditors to these agencies. The Bureau requirements in revised Regulation C for would have been prohibited by specifically sought input from these collecting applicant demographic Regulation B § 1002.5(b) from requesting prudential regulators concerning their information, including the requirement applicants to self-identify using use of applicant ethnicity and race that financial institutions permit disaggregated ethnic and racial information collected under § 1002.13 applicants to self-identify using categories before January 1, 2018. but not reported or anticipated to be disaggregated ethnicity and race The Bureau Approval Notice provided reported under current or revised categories beginning January 1, 2018. that, anytime from January 1, 2017, Regulation C and their views on The Enterprises also made available a through December 31, 2017, a creditor appropriate standards for collection and Demographic Information Addendum, may, at its option, permit applicants to retention of this information. The which is identical in form to section 7 self-identify using disaggregated ethnic Bureau also conducted outreach with of the 2016 URLA.14 The Enterprises and racial categories as instructed in other Federal agencies, including have advised that the Demographic appendix B to revised Regulation C. Securities and Exchange Commission, Information Addendum may be used by During this period, a creditor adopting the Department of Justice, the lenders at any time on or after January the practice of permitting applicants to Department of Housing and Urban 1, 2017, as a replacement for section X self-identify using disaggregated ethnic Development, the Federal Housing (Information for Government and racial categories as instructed in Finance Agency, the Federal Trade Monitoring Purposes) in the current appendix B to revised Regulation C Commission, the U.S. Department of URLA, dated 7/05 (revised 6/09).15 The shall be deemed to be in compliance Veterans Affairs, the U.S. Department of Enterprises have not yet provided a date with Regulation B § 1002.13(a)(i). Agriculture, and the Department of the when lenders may begin using the 2016 In the same notice, the Bureau also Treasury, concerning this proposed rule. URLA (the effective date) or the date determined that the relevant language in lenders are required to use the 2016 the 2016 URLA is in compliance with IV. Legal Authority URLA (the cutover date), but have stated the regulatory provisions of Regulation The Bureau is issuing this proposed their intention to collaborate with B § 1002.5(b) through (d), regarding rule pursuant to its authority under industry stakeholders to help shape the requests for protected applicant- section 703 of ECOA, as amended by implementation timeline for the 2016 characteristic information and certain section 1085 of the Dodd-Frank Act.19 URLA, with a goal to provide lenders other information. The notice provides ECOA authorizes the Bureau to issue with more precise information in 2017 that, although the use of the 2016 URLA regulations to carry out the purposes of regarding the cutover date.16 by creditors is not required under ECOA.20 These regulations may contain Regulation B, a creditor that uses the D. Bureau Approval Notice but are not limited to such 2016 URLA without any modification classifications, differentiations, or other On September 23, 2016, the Bureau that would violate § 1002.5(b) through provisions, and may provide for such issued a notice concerning the (d) acts in compliance with § 1002.5(b) adjustments and exceptions for any collection of expanded information through (d). class of transactions, as in the judgment about ethnicity and race in 2017 of the Bureau are necessary or proper to 17 III. Outreach (Bureau Approval Notice). Under effectuate the purposes of ECOA, to As part of the Bureau’s outreach to current Regulation C § 1003.4(a)(10), prevent circumvention or evasion of financial institutions, vendors, and covered financial institutions are ECOA, or to facilitate or substantiate required to collect, record, and report other mortgage industry participants to 21 prepare for the implementation of the compliance with ECOA. A purpose of applicant demographic information. ECOA is to promote the availability of Revised Regulation C will require 2015 HMDA final rule, the Bureau has received questions about the credit to all creditworthy applicants financial institutions to permit without regard to race, color, religion, applicants to self-identify using requirement to permit applicants to self- national origin, sex, marital status, or disaggregated ethnic and racial identify using disaggregated ethnicity age (provided the applicant has the categories beginning January 1, 2018.18 and race categories and how that requirement intersects with compliance capacity to contract) and other protected characteristics.22 ECOA section 703 14 Fannie Mae, Demographic Information obligations under Regulation B. The Addendum (Aug. 2016), available at https:// Bureau also received questions related serves as a source of authority to _ www.fanniemae.com/content/guide form/urla- to the Bureau Approval Notice about establish rules concerning the taking demographic-addendum.pdf. whether the approval for collecting and evaluation of credit applications, 15 Press Release, Uniform Mortgage Data Program, collection and retention of applicant Fannie Mae and Freddie Mac at the direction of the disaggregated ethnicity and race FHFA, URLA Implementation Guidance and categories under Regulation B in 2017 demographic information concerning Update (Nov. 1, 2016), available at https:// would be extended to 2018. In light of the applicant or co-applicant, use of www.fanniemae.com/content/news/urla- these inquiries, the Bureau determined designated model forms, and announcement-november-2016.pdf; Uniform substantive requirements to carry out Mortgage Data Program, Fannie Mae and Freddie that it would be beneficial to establish Mac at the direction of the FHFA, Uniform through rulemaking appropriate the purposes of ECOA. Residential loan Application (URLA)/Uniform Loan standards in Regulation B concerning The Bureau is also issuing this Application Dataset (ULAD) FAQs, ¶ 6 (Nov. 1, the collection of an applicant’s ethnicity proposed rule pursuant to its authority 2016), available at https://www.fanniemae.com/ under sections 1022 and 1061 of the content/faq/urla-ulad-faqs.pdf. and race information similar to those in 16 Press Release, Uniform Mortgage Data Program, revised Regulation C. Because many of 19 15 U.S.C. 1691b; Public Law 111–203, 124 Stat. Fannie Mae and Freddie Mac at the direction of the the financial institutions most affected FHFA, URLA Implementation Guidance and 1376, 2083–84 (2010). Update (Nov. 1, 2016), available at https:// by this proposed rule are supervised by 20 15 U.S.C. 1691b(a). www.fanniemae.com/content/news/urla- the Federal Deposit Insurance 21 Id. announcement-november-2016.pdf. Corporation (FDIC), the Office of the 22 12 CFR 1002.1(b).

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Dodd-Frank Act. Under Dodd-Frank Act 5(a) General Rules creditors to collect certain protected section 1022(b)(1), the Bureau has 5(a)(4) Other Permissible Collection of applicant-characteristic information in authority to prescribe rules as may be Information these circumstances provides a narrow necessary or appropriate to enable the exception to the general limitations in Section 1002.5(a)(2) provides that, Bureau to administer and carry out the § 1002.5(b) through (d) that preserves notwithstanding the limitations in purposes and objectives of the Federal the protection and respects the purposes § 1002.5(b) through (d) on collecting of those prohibitions. consumer financial laws and to prevent protected applicant-characteristic evasions thereof.23 Section 1061 of the Under proposed § 1002.5(a)(4)(i) a information and other applicant creditor that is a financial institution Dodd-Frank Act transferred to the information, a creditor shall request under revised Regulation C § 1003.2(g) Bureau consumer financial protection information for monitoring purposes as may collect information regarding the functions previously vested in certain required by § 1002.13. Section applicant demographic information of other Federal agencies, including the 1002.5(a)(2) further provides that a an applicant for a closed-end mortgage authority to prescribe rules or issue creditor may obtain information loan that is an excluded transaction orders or guidelines pursuant to any required by a regulation, order, or under revised Regulation C Federal consumer financial law and agreement issued by, or entered with, a § 1003.3(c)(11) if it submits HMDA data perform appropriate functions to court or an enforcement agency to concerning those applications and loans promulgate and review such rules, monitor or enforce compliance with or if it submitted HMDA data orders, and guidelines.24 Both ECOA ECOA, Regulation B, or other Federal or concerning closed-end mortgage loans and title X of the Dodd-Frank Act are State statutes and regulations. However, in any of the preceding five calendar consumer financial laws.25 Accordingly, § 1002.5(a)(2) does not authorize years. The proposal would permit a the Bureau has authority to issue collection of information beyond what financial institution that voluntarily regulations to administer ECOA. is required by law. The Bureau is reports HMDA data concerning closed- proposing to add § 1002.5(a)(4) to end mortgage loans to collect applicant V. Proposed Implementation Period authorize a creditor to obtain demographic information for such information in certain additional Except as set forth below, the Bureau reporting in compliance with Regulation specified circumstances other than B. The proposal would also permit a proposes an effective date of January 1, information required as described in financial institution to collect applicant 2018, for any final rule based on this § 1002.5(a)(2). Proposed § 1002.5(a)(4) demographic information for closed-end proposal to align with the effective dates would provide that, notwithstanding mortgage loans for up to five years after of the relevant provisions of the 2015 § 1002.5(b), a creditor may collect it fell below the loan volume threshold HMDA final rule. As an effective date information under the circumstances for closed-end mortgage loans in revised for any final rule removing the 2004 included under that section, provided Regulation C § 1003.3(c)(11). The URLA from appendix B of Regulation B, that the creditor collects the information Bureau believes that creditors in this the Bureau proposes the cutover date in compliance with appendix B to latter situation may not want to incur designated by the Enterprises for the revised Regulation C. the burden of altering their compliance mandatory use of the 2016 URLA or The Bureau understands that certain process, particularly when they may January 1, 2022, whichever occurs first. creditors who will be excluded from become subject to reporting again in the reporting under revised Regulation C in near future. The Bureau believes that VI. Section-by-Section Analysis a given reporting year may want to permitting such collection for five years continue to collect or report applicant Section 1002.5 Rules Concerning provides an appropriate time frame demographic information during that Requests for Information under which a financial institution time to maintain consistent compliance should be permitted to continue Section 1002.5 provides rules standards from year-to-year. The Bureau collecting the information without concerning requests for information. In also understands that certain creditors having to change its compliance general, § 1002.5(b) prohibits a creditor who are not subject to revised processes; the Bureau believes the from inquiring about protected Regulation C in a given calendar year period is long enough that it would but may become subject to reporting in applicant-characteristic information in provide a creditor a strong indication the next calendar year may want to connection with a credit transaction, that its present business trend is collect applicant demographic except under certain circumstances. The unlikely to subject it to reporting in the information for applications that may Bureau is proposing to add proposed near future, but the period would not be become revised Regulation C covered so long as to permit a creditor to collect § 1002.5(a)(4), to authorize creditors to loans if the creditor becomes subject to collect such information under certain protected applicant-characteristic reporting and final action is taken on information for a period of time that is additional circumstances. The Bureau is the application in the next calendar too attenuated from the previous proposing to make conforming changes year. Therefore, the Bureau believes that Regulation C legal requirement and to comment 5(a)(2)–2 to reference the it is appropriate to permit creditors to associated compliance process. The types of loans covered by revised collect such information in the Bureau invites comment on this Regulation C and provide a citation to specifically permitted circumstances proposal to permit collection of Regulation C. The Bureau is also explained below. The Bureau believes applicant demographic information in proposing to add proposed comment that permitting creditors to collect these circumstances and the proposed 5(a)(4)–1 to provide guidance on information without interruption or five-year time frame. proposed § 1002.5(a)(4). break from year-to-year would further Under proposed § 1002.5(a)(4)(ii), a the purposes of ECOA by easing overall creditor that is a financial institution 23 Public Law 111–203, 124 Stat. 1375, 1980 burden on creditors and improving the under Regulation C § 1003.2(g) may (2010) (codified at 12 U.S.C. 5512(b)(1)). quality and reliability of the data that collect information regarding the 24 Public Law 111–203, 124 Stat. 1375, 2035–39 are used to promote the availability of applicant demographic information of (2010) (codified at 12 U.S.C. 5581). credit to all creditworthy applicants. an applicant for an open-end line of 25 12 U.S.C. 5481(12), (14). The Bureau also believes that permitting credit that is an excluded transaction

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under revised Regulation C year, collect the applicant demographic applicant-characteristic information § 1003.3(c)(12) if it submits HMDA data information of an applicant for a loan obtained pursuant to proposed concerning those applications and open- that would otherwise be a covered loan § 1002.5(a)(4). end lines of credit or if it submitted under Regulation C § 1003.2(e) if not 12(a) Retention of Prohibited HMDA data concerning open-end lines excluded by revised Regulation C Information of credit in any of the preceding five § 1003.3(c)(11) or (12). The proposal calendar years. Similar to proposed would benefit creditors in certain 12(b) Preservation of Records § 1002.5(a)(4)(i), the proposal would situations in which the creditor is 12(b)(1) Applications permit a financial institution that uncertain whether it will be required to voluntarily reports HMDA data report information under revised 12(b)(1)(i) concerning open-end lines of credit to Regulation C in a future calendar year. Section 1002.12(b)(1) provides that a collect applicant demographic For example, where a creditor meets the creditor must retain certain records for information for such reporting in closed-end mortgage loan coverage 25 months. Under § 1002.12(b)(1)(i), compliance with Regulation B. The threshold or open-end line of credit these records include any information proposal would also permit a financial coverage threshold in revised required to be obtained concerning institution to collect applicant Regulation C § 1003.2(g)(1)(v) and characteristics of the applicant to demographic information for open-end (g)(2)(ii) for the first time in a given monitor compliance with ECOA and lines of credit for up to five years after calendar year, it may wish to begin Regulation B or other similar law. The it fell below the loan volume threshold collecting certain protected applicant- Bureau is proposing to amend for open-end lines of credit in revised characteristic information for § 1002.12(b)(1)(i) to include within its Regulation C § 1003.3(c)(12). The applications received in the next preservation requirements any Bureau believes that the proposal is calendar year (second calendar year) so information obtained pursuant to justified for similar reasons and as to be prepared to report that proposed § 1002.5(a)(4). The Bureau provides similar benefits to proposed information if final action is taken in the believes that, if a creditor voluntarily § 1002.5(a)(4)(i) discussed above. The following calendar year (third calendar collects applicant demographic Bureau invites comment on this year), when the creditor would be information pursuant to proposed proposal to permit collection of required to report the information under § 1002.5(a)(4), the creditor should be applicant demographic information in revised Regulation C if it exceeded the required to maintain those records in these circumstances and the proposed applicable two-year threshold at the end the same manner as protected applicant- five-year time frame. the second calendar year. The Bureau characteristic information it is required Under proposed § 1002.5(a)(4)(iii), a believes that a creditor would benefit to collect. This would allow the creditor that submitted HMDA data for from being able to collect applicant information to be available for its any of the preceding five calendar years demographic information concerning primary purpose of monitoring and but is not currently a financial such applications with assurance of enforcing compliance with ECOA, institution under revised Regulation C compliance with § 1002.5 regardless of Regulation B, and other Federal or State § 1003.2(g) may collect information whether or not it becomes subject to statutes or regulations. Without a regarding the applicant demographic HMDA reporting at the end of the two- corresponding record retention information of an applicant for a loan year threshold period. The Bureau requirement, a creditor could collect but that would otherwise be a covered loan invites comment on this proposal to not retain the information, thus under revised Regulation C § 1003.2(e) if permit collection of applicant preventing the use of the information for not excluded by Regulation C demographic information in these these purposes. The Bureau is also §§ 1003.3(c)(11) or (12). This proposal circumstances. proposing to amend comment 12(b)–2 to would permit a creditor that falls below The Bureau is also proposing to add require retention of applicant the loan-volume threshold 26 and is new comment 5(a)(4)–1 which provides demographic information obtained therefore no longer required to collect that applicant demographic information pursuant to proposed § 1002.5(a)(4). The and report information under revised that is not required to be collected Bureau invites comment on the Regulation C to continue to collect pursuant to Regulation C may proposed amendment. applicant demographic information. The nevertheless be collected under the Bureau believes that the proposal is circumstances set forth in § 1002.5(a)(4) Section 1002.13 Information for justified for similar reasons and without violating § 1002.5(b) and Monitoring Purposes provides similar benefits to proposed highlights that, as discussed below, Section 1002.13 sets forth the scope, § 1002.5(a)(4)(i) discussed above. The such information should be retained required information, and manner for Bureau invites comment on this pursuant to § 1002.12. The Bureau also the mandatory collection of certain proposal to permit collection of invites comment on whether there are protected applicant-characteristic applicant demographic information in other specific, narrowly tailored information under Regulation B. Section these circumstances and the proposed circumstances not described in 1002.13(a)(1) requires creditors to five-year time frame. § 1002.5(a)(2) or proposed § 1002.5(a)(4) collect information about the applicant, Under proposed § 1002.5(a)(4)(iv), a under which a creditor would benefit including ethnicity and race creditor that exceeded a loan volume from being able to collect applicant information, for certain dwelling-related threshold in the first year of a two-year demographic information for mortgage loans. Among other revisions to threshold period provided in revised loan applicants. § 1002.13 and its commentary, the Regulation C §§ 1003.2(g), 1003.3(c)(11), Bureau proposes to amend or 1003.3(c)(12) may, in the subsequent Section 1002.12 Record Retention § 1002.13(a)(1)(i) to provide that, for Section 1002.12 provides rules applications subject to § 1002.13(a)(1), a 26 The loan-volume thresholds in revised concerning permissible and required creditor must collect the applicant’s Regulation C are 25 or more closed-end mortgage record retention. In light of proposed information using either aggregate loans originated in each of the two proceeding calendar years and 100 open-end lines of credit in § 1002.5(a)(4), the Bureau is also ethnicity and race categories or the each of the two proceeding calendar years. Revised proposing to amend § 1002.12(b)(1)(i) to ethnicity and race categories and Regulation C § 1003.2(g)(1)(v), (g)(2)(ii). require retention of certain protected subcategories set forth in appendix B to

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revised Regulation C, which provide facilitating practices that promote the diversity.31 The Bureau believes these disaggregated ethnicity and race availability of credit to all creditworthy same benefits will also further the categories. applicants.30 purpose of ECOA, which, similar to HMDA, seeks to promote the availability 13(a) Information To Be Requested Accordingly, the Bureau proposes to revise § 1002.13(a)(1)(i) to provide that, of credit to all creditworthy applicants 13(a)(1) for applications subject to without regard to protected 13(a)(1)(i) § 1002.13(a)(1), a creditor must collect characteristics, such as national origin an applicant’s information using either and race. Under § 1002.13(a)(1), creditors that The Bureau believes that optional receive an application for credit the aggregate or disaggregated ethnicity and race categories (creditors subject to collection of disaggregated ethnicity and primarily for the purchase or race information under proposed refinancing of a dwelling occupied or to revised Regulation C will be required to use the disaggregated race and ethnicity § 1002.13(a)(1)(i)(B) is also appropriate be occupied by the applicant as a given that the 2016 URLA provides for principal residence, where the categories for applications subject to revised Regulation C). Specifically, the the collection of disaggregated ethnicity extension of credit will be secured by and race categories. As noted above, the Bureau proposes to amend the dwelling, must collect certain Enterprises have indicated their intent § 1002.13(a)(1)(i) to allow a creditor to information about the applicant, to mandate use of the 2016 URLA at comply with either § 1002.13(a)(1)(i)(A) including ethnicity and race some point in the future for all loans or § 1002.13(a)(1)(i)(B). Under proposed information. Specifically, under current eligible for purchase by the Enterprises. § 1002.13(a)(1)(i)(A), a creditor may § 1002.13(a)(1)(i) creditors must collect Given the widespread use of the current collect information regarding the information regarding the applicant’s URLA among lenders, the Bureau applicant using the aggregate ethnicity ethnicity using the categories Hispanic expects that on or prior to the cutover and race categories set forth in current or Latino and not Hispanic or Latino, date, many creditors will want to adopt § 1002.13(a)(1)(i). Under proposed and the applicant’s race using the the 2016 URLA irrespective of whether categories American Indian or Alaska § 1002.13(a)(1)(i)(B), a creditor may the creditor or transaction is subject to Native, Asian, Black or African collect an applicant’s ethnicity and race the collection and reporting American, Native Hawaiian or Other information using the categories and requirements in revised Regulation C. Pacific Islander, and White. Under subcategories set forth in appendix B to Accordingly, the Bureau believes that Regulation B, creditors are required to revised Regulation C, which provides the proposed revisions will facilitate the collect and retain such data, but have no disaggregated ethnicity and race transition to the 2016 URLA for all obligation to report the data to a categories. Thus, under the proposal, a creditors seeking to use the updated 27 regulator. creditor subject to collection form. As set forth above, in 2015 the Bureau requirements under both § 1002.13(a)(1) The Bureau also considered the issued the 2015 HMDA final rule, which and revised Regulation C that collects alternative, for all applications subject adopted certain revisions to Regulation information pursuant to the to § 1002.13(a)(1), of requiring creditors 28 C. Under current Regulation C, requirements of appendix B to revised to use the disaggregated ethnicity and financial institutions are required to Regulation C would also satisfy race categories. The Bureau is not collect and report an applicant’s or § 1002.13(a)(1)(i). proposing this approach for several borrower’s information using aggregate For applications subject to reasons. First, the Bureau believes that ethnicity and race categories that are § 1002.13(a)(1), the Bureau believes the creditors that would be most identical to the ethnicity and race there are compelling reasons for affected by such a change would categories set forth under current permitting a creditor to collect an primarily be small creditors that will § 1002.13(a)(1)(i). In contrast, under applicant’s information using not meet the loan-volume thresholds, revised Regulation C, financial disaggregated ethnicity and race asset-size thresholds, or location test institutions are required to permit categories, even if the creditor is not under revised Regulation C.32 Creditors applicants or borrowers to self-identify required to submit HMDA data within the scope of revised Regulation using disaggregated ethnicity and race concerning the application under C would be minimally affected as they 29 categories. Once revised Regulation C revised Regulation C (Regulation B-only will already be required to use the goes into effect on January 1, 2018, the creditors or transactions). As discussed disaggregated ethnicity and race race and ethnicity categories financial in the preamble to the 2015 HMDA final categories under revised Regulation C. institutions use to collect information rule, among other reasons, the Bureau Regulation B-only creditors, however, under revised Regulation C will no revised Regulation C to require financial would incur various costs and longer correspond with the race and institutions to allow applicants to self- heightened compliance burdens as a ethnicity categories a creditor uses to identify using the disaggregated result of adopting this alternative collect information under current ethnicity and race categories based on option, including updating application § 1002.13(a)(1)(i). Many creditors are the conclusion that it would further forms, revising policies and procedures, subject to both § 1002.13 and revised HMDA’s purpose to identify possible and providing additional training. Regulation C. The Bureau believes that discriminatory lending patterns, Second, these small creditors would such creditors should not be subject to encourage self-reporting by applicants potentially have a short timeframe to differing collection requirements, and and borrowers, and more accurately come into compliance with any that aligning the two requirements reflect the nation’s ethnic and racial requirement to use the disaggregated furthers the purposes of ECOA by ethnicity and race categories. To resolve 30 Because of the differences between revised the differences between Regulation B 27 12 CFR 1002.12 and 1002.13. Regulation C and current § 1002.13, some creditors and revised Regulation C in a timely 28 80 FR 66127 (Oct. 28, 2015). may be uncertain whether compliance with revised manner, the proposed revisions to 29 See also revised Regulation C § 1003.4(a)(10)(i) Regulation C also satisfies compliance with current and comment 4(a)(10)(i)–1 (requiring financial § 1002.13 or whether additional collection to satisfy institution to report information about the current § 1002.13 would also be required. The 31 80 FR 66127, 66190 (Oct. 28, 2015). applicant’s or borrower’s ethnicity and race using Bureau believes that resolving this issue through 32 Revised Regulation C § 1003.2(g)(i), (ii), and (v); the instructions in appendix B to Regulation C). rulemaking will provide certainty to such creditors. see also id. § 1003.3(c)(11) and (12).

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§ 1002.13(a)(1) would ideally take effect collected under § 1002.13 is frequently The Bureau solicits comment on this on or prior to January 1, 2018. While the relied upon by such regulators to proposal. Bureau could impose a staggered monitor compliance with fair lending The Bureau also proposes to add effective date for Regulation B-only laws. Accordingly, the Bureau believes comment 13(a)–8 to clarify that a creditors, the Bureau believes such an that the collection of applicant race and creditor may choose, on an application- approach would create additional ethnicity information under § 1002.13 by-application basis, whether to collect complexity that the Bureau would like serves the important function of aggregate information pursuant to to avoid. Thus, the burden of this monitoring and enforcing compliance proposed § 1002.13(a)(1)(i)(A) or alternative option on affected creditors with ECOA and other disaggregated information pursuant to would likely be compounded by the antidiscrimination laws and therefore proposed § 1002.13(a)(1)(i)(B). The short implementation timeline continues to serve the purposes of Bureau solicits comment on proposed available. Third, the Bureau believes the ECOA. comment 13(a)–8. benefits of requiring (rather than For the reasons discussed above, the In addition, the Bureau proposes to permitting) creditors to use the Bureau proposes to revise revise comment 13(a)–7 to provide, for disaggregated ethnicity and race § 1002.13(a)(1)(i), including adding applications subject to § 1002.13(a)(1), categories would be limited, as most § 1002.13(a)(1)(i)(A) and that a creditor that collects information creditors will likely adopt the § 1002.13(a)(1)(i)(B) to set forth the two about the ethnicity, race, and sex of an disaggregated ethnicity and race options available to creditors. Under the applicant in compliance with the categories under the proposed optional proposal, for any applications subject to requirements of appendix B to revised approach, eventually if not § 1002.13(a)(1), a creditor must seek to Regulation C will be acting in immediately. Many will be required to collect information concerning the compliance with § 1002.13 concerning use the disaggregated information under applicant using, at its option, either the collection of an applicant’s revised Regulation C, and many that are aggregate race and ethnicity categories ethnicity, race, and sex information. not subject to revised Regulation C are (proposed § 1002.13(a)(1)(i)(A)) or Section 1002.13(b) through (c) provides instructions on how to collect an nevertheless likely to adopt the 2016 disaggregated race and ethnicity applicant’s ethnicity, race, and sex URLA at some point because of business categories (proposed information, including directions on considerations unrelated to Regulations § 1002.13(a)(1)(i)(B)). how to obtain the required information, B and C. Proposed § 1002.13(a)(1)(i)(A) is On the other hand, the Bureau required disclosures concerning the intended to mirror the ethnicity and acknowledges that requiring creditors to collection, and instructions on when to race categories set forth in existing use the disaggregated ethnicity and race collect the information on the basis of § 1002.13(a)(1)(i). The addition of the categories under § 1002.13(a)(1)(i) may visual observation or surname. As word ‘‘aggregate’’ in proposed maximize the benefits of disaggregation discussed above, many applications § 1002.13(a)(1)(i)(A) is not a substantive by affecting all applications subject to subject to § 1002.13(a)(1) will also be revision but, rather, is included to § 1002.13(a)(1). The Bureau also subject to collection and reporting acknowledges that under this alternative clarify that the enumerated categories in under revised Regulation C. While the option, Regulation B-only creditors proposed § 1002.13(a)(1)(i)(A) differ instructions for the collection of would incur the costs of collecting from the disaggregated ethnicity and applicant demographic information in disaggregated ethnicity and race race categories under proposed appendix B to revised Regulation C information, and would not incur the § 1002.13(a)(1)(i)(B). impose similar requirements as those set more costly burdens of also reporting Proposed § 1002.13(a)(1)(i)(B) forth in § 1002.13(b) through (c), the such data. provides that a creditor may Bureau acknowledges that the two sets Despite these considerations, the alternatively collect information of instructions are not identical and that Bureau believes the potential regarding the applicant using the revised Regulation C sometimes incremental benefits of requiring categories and subcategories for the provides additional instructions absent creditors to use disaggregated ethnicity collection of race and ethnicity set forth from § 1002.13. For example, paragraph and race categories for applications in appendix B to revised Regulation C. 12 of appendix B to revised Regulation subject to § 1002.13(a)(1) do not Proposed § 1002.13(a)(1)(i)(B) cross- C provides that, if an applicant begins outweigh the burdens of such a proposal references the ethnicity and race an application by mail, Internet, or on Regulation B-only creditors. categories and subcategories set forth in telephone and does not provide the In addition to the alternative appendix B to revised Regulation C; the requested applicant information but approach discussed above, the Bureau proposed provision does not recite those does not check or select the ‘‘I do not also considered eliminating altogether categories and subcategories. Thus, a wish to provide this information’’ box the requirement in § 1002.13(a)(1)(i) that creditor would comply with proposed on the application, and the applicant creditors collect information on an § 1002.13(a)(1)(i)(B) so long as it collects then meets in person with the financial applicant’s ethnicity and race. While information concerning an applicant’s institution and the financial institution there is significant overlap between ethnicity and race using all of the same requests the information but the § 1002.13 and revised Regulation C, the categories and subcategories as then in applicant does not provide the transactions covered under the two effect under appendix B to revised information during the in-person regulations are not identical and, as Regulation C. For example, if appendix meeting, the financial institution must discussed above, many creditors are not B to revised Regulation C is amended at collect the information on the basis of subject to Regulation C. Based on a later date to require a financial visual observation or surname. Current outreach to other regulators, including institution to collect, for example, § 1002.13, on the other hand, is silent on the FDIC, OCC, FRB, and NCUA, the additional or different ethnicity and whether a creditor is required to collect Bureau understands that a substantial race categories or subcategories, then a applicant demographic information if percentage of supervised entities are creditor seeking to comply with the application is initiated by mail, expected to be Regulation B-only proposed § 1002.13(a)(1)(i)(B) must also internet, and telephone, and the creditors and that the protected- allow an applicant to select such applicant subsequently meets in-person applicant characteristic information amended categories or subcategories. with the creditor.

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While the Bureau believes that the believes that keeping the requirements and race categories as required under instructions in § 1002.13 for the aligned is appropriate given the similar current § 1002.13. Appendix B to collection of applicant demographic requirements and to promote regulatory current and revised Regulation C information are not inconsistent with consistency. The Bureau invites (current Regulation C appendix or revised Regulation C, to eliminate any comment on this amendment. revised Regulation C appendix, as uncertainty, the Bureau proposes to Comment 13(b)–1 provides guidance applicable) includes instructions and a revise comment 13(a)–7 to provide that on the forms a creditor may use to data collection model form for for applications subject to collect applicant information under collecting applicant demographic § 1002.13(a)(1), a creditor that collects § 1002.13(a). The Bureau is proposing to information. In light of the proposed an applicant’s ethnicity, race, and sex amend the comment to reference the revisions to § 1002.13(a)(1)(i), the information in compliance with the data collection model forms the Bureau Bureau also proposes to amend the instructions set forth in appendix B to proposes to provide in appendix B of Regulation B appendix. revised Regulation C is acting in Regulation B, as further discussed The current Regulation B appendix compliance with § 1002.13 concerning below. The Bureau is also proposing to includes five model forms, each the collection of an applicant’s amend comment 13(b)–1. First proposed designated for use in a particular type ethnicity, race, and sex information. The comment 13(b)–1 would reiterate the of consumer credit transaction. The fifth Bureau believes this clarification will current interpretation that when a model form, the 2004 URLA, is also reduce the compliance burden on creditor collects only aggregate ethnicity described in the Regulation B appendix creditors subject to both § 1002.13(a)(1) and race information pursuant to as appropriate for residential mortgage and revised Regulation C by allowing proposed § 1002.13(a)(1)(i)(A) (current transactions and contains a model such creditors to follow a single set of § 1002.13(a)(1)(i)), the applicant must be disclosure for use in complying with instructions. offered the option to select more than current § 1002.13. While use of the The Bureau solicits comment on one racial designation. Proposed model forms is optional, if a creditor proposed comment 13(a)–7. comment 13(b)–1 would also provide uses the appropriate model form, or that when a creditor collects applicant modifies a form in accordance with the 13(b) Obtaining Information information pursuant to instructions provided in the Regulation Section 1002.13(b) provides rules and § 1002.13(a)(1)(i)(B), the applicant must B appendix, that creditor is deemed to instructions for obtaining applicant be offered the option to select more than be acting in compliance with § 1002.5(b) information required under § 1002.13(a). one ethnicity and more than one racial through (d).33 The section in the 2004 The Bureau is proposing to amend designation. The Bureau invites URLA used to collect an applicant’s § 1002.13(b) to provide that, when a comment on these proposed ethnicity and race information (section creditor collects ethnicity and race amendments. X) conforms with the aggregate ethnicity information pursuant to proposed and race categories set forth in current 13(c) Disclosure to Applicant(s) § 1002.13(a)(1)(i)(B), the creditor must § 1002.13(a)(1)(i). The most current comply with any restrictions on the Section 1002.13(c) sets forth the version of the URLA (prior to the 2016 collection of an applicant’s ethnicity or required disclosures a creditor must URLA) used by the Enterprises is dated race on the basis of visual observation provide to applicants when collecting July 2005 and was revised in June 2009. or surname set forth in appendix B to the required protected applicant- On September 23, 2016, the Bureau revised Regulation C. characteristic information. Current issued the Bureau Approval Notice, Among other instructions, current comment 13(c)–1 provides, among other which approved, pursuant to section § 1002.13(b) provides that, if an things, that appendix B contains a 706(e) of ECOA, use of the 2016 applicant chooses not to provide some sample disclosure and that a creditor URLA.34 In the Bureau Approval Notice, or all of the requested applicant may devise its own disclosure so long the Bureau determined that, while a demographic information, the creditor as it is substantially similar. In light of creditor is not required to use the 2016 shall, to the extent possible, note on the the proposed amendments to appendix URLA, a creditor that uses the form form the ethnicity, race, and sex of the B described below, the Bureau is without any modification that would applicant on the basis of visual proposing to amend comment 13(c)–1 to violate § 1002.5(b) through (d) would act observation or surname. Instruction 10 reference the two data collection model in compliance with § 1002.5(b) through in appendix B to revised Regulation C forms provided for in proposed (d).35 Unlike prior versions of the provides, however, that when a appendix B. While the Bureau URLA, the 2016 URLA permits the financial institution collects an acknowledges that the disclosures in the applicant to select disaggregated applicant’s ethnicity, race, and sex on two data collection model forms are ethnicity and race categories, as the basis of visual observation or slightly different from each other, the required under revised Regulation C. surname, the financial institution must Bureau concludes that use of either form As explained above, the Bureau select from the aggregate ethnicity and complies with § 1002.13(c) and that the proposes to revise § 1002.13(a)(1)(i) to race categories. two forms are substantially similar. The provide that, for applications subject to In light of the revisions to proposed Bureau invites comment on this § 1002.13(a)(1), a creditor must collect § 1002.13(a)(1)(i), the Bureau proposes proposed amendment. information concerning the applicant to amend § 1002.13(b) to restrict the using, at its option, either aggregate or collection of applicant demographic Appendix B to Part 1002—Model disaggregated ethnicity and race information where collected on the Application Forms categories. In light of this revision, the basis of visual observation or surname. Regulations B and C both contain an Bureau proposes to revise the The Bureau believes that a creditor that appendix B that provides model forms wishes to collect an applicant’s for use when collecting applicant 33 Appendix B to part 1002 ¶¶ 1, 3. ethnicity and race information under demographic information required 34 Status of New Uniform Residential Loan proposed § 1002.13(a)(1)(i)(B) should be under the regulations. Current appendix Application and Collection of Expanded Home Mortgage Disclosure Act Information About subject to the same restrictions as set B to Regulation B (Regulation B Ethnicity and Race in 2017, 81 FR 66930 (Sep. 23, forth in appendix B to revised appendix) includes the 2004 URLA, 2016). Regulation C. The Bureau further which provides for the same ethnicity 35 Id.

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Regulation B appendix to reflect these maintaining approval of the 2016 URLA 2016 URLA. The Bureau expects that alternative approaches in proposed in a freestanding notice, the Bureau the vast majority of creditors that use § 1002.13(a)(1)(i). Given the release of avoids the risk that the model form will the URLA either currently do not use the 2016 URLA and the Bureau’s become outdated or that the Bureau will the already outdated 2004 URLA or will approval of that form in the Bureau need to make ongoing revisions and cease using the 2004 URLA on or prior Approval Notice, the Bureau also updates within Regulation B. Although to the 2016 URLA cutover date. proposes to remove the 2004 URLA the Bureau does not propose to include Accordingly, the Bureau believes that from the Regulation B appendix, the 2016 URLA in Regulation B as a removal of the 2004 URLA from effective upon the Enterprises’ cutover model form, the Bureau notes that the appendix B upon the cutover date date for the 2016 URLA or January 1, substance and form of section 7 of the designated by the Enterprises will 2022, whichever comes first. Each of 2016 URLA is substantially similar to successfully eliminate an outdated form these proposed revisions is discussed in the data collection model form the without imposing an appreciable depth below. Bureau proposes to designate for use in burden on creditors. Alternatively, if the complying with revised Model Forms for Complying With cutover date is after January 1, 2022, the § 1002.13(a)(1)(i)(B). The Bureau does Proposed § 1002.13(a)(1)(i) Bureau proposes an effective date of not intend to convey disapproval of the January 1, 2022; the Bureau believes Under proposed § 1002.13(a)(1)(i)(B) a 2016 URLA and has no plans at this that five years provides creditors ample creditor may request information time to revise or withdraw the Bureau time to update their forms if they wish concerning the applicant using Approval Notice currently in effect. to. disaggregated ethnicity and race The Bureau also proposes to add a The Bureau further believes that categories. In light of this revision, the model form to the Regulation B removal of the 2004 URLA is Bureau believes it is appropriate to appendix to be used for the collection appropriate because it would be provide creditors a model form to use of an applicant’s ethnicity and race duplicative of the form the Bureau when complying with proposed information in compliance with proposes to provide for use in § 1002.13(a)(1)(i)(B). Specifically, the proposed § 1002.13(a)(1)(i)(A). The text complying with proposed Bureau proposes to cross-reference the of the proposed model form § 1002.13(a)(1)(i)(A). As discussed data collection model form included in substantially mirrors both section X in above, the proposed one-page data the revised Regulation C appendix and the 2004 URLA and the data collection collection model form is substantially thereby establish it as a model form for model form contained in the current similar to section X of the 2004 URLA. complying with proposed Regulation C appendix. Given these The Bureau believes that retention of § 1002.13(a)(1)(i)(B). The Bureau similarities, the Bureau believes that a the 2004 URLA in Regulation B is proposes to cross-reference this form, creditor can comply with revised therefore unnecessary and could create rather than create a new model form, § 1002.13(a)(1)(i)(A) without modifying uncertainty as to the purpose of the two based on the belief that doing so will its existing forms for the collection of an forms. ease the compliance burden on creditors applicant’s ethnicity and race by providing them a single form that information. Like the proposed model Finally, the Bureau believes that may be used with both revised form that may be used in compliance removal of the 2004 URLA from Regulation C and proposed with § 1002.13(a)(1)(i)(B), the Bureau’s Regulation B is appropriate in light of § 1002.13(a)(1)(i)(B). The Bureau proposed model form for the proposal not to include the 2016 believes cross-referencing the data § 1002.13(a)(1)(i)(A) is one-page in URLA as a model form. The Bureau is collection model form in revised length and limited to information concerned that maintaining the 2004 Regulation C is also appropriate because concerning the applicant’s ethnicity, URLA as a model form in Regulation B, it will avoid the possibility of race, and sex. while not including the 2016 URLA, inconsistent forms. The Bureau solicits comment on this may discourage some creditors from The Bureau considered the alternative proposal to provide alternative model using the 2016 URLA or the approach of including the 2016 URLA forms for compliance with revised disaggregated ethnicity and race as a model form for use in complying § 1002.13(a)(1)(i). categories. The Bureau further believes with proposed § 1002.13(a)(1)(i)(B). The that removal of the 2004 URLA from Bureau is not proposing this alternative Removal of the 2004 URLA as a Model Regulation B is appropriate for many of for several reasons. As discussed above, Form the same reasons the Bureau identified the Bureau approved use of the 2016 As discussed above, the current above for not proposing to include the URLA under section 706(e) of ECOA Regulation B appendix includes the 2016 URLA, including that the 2004 through the Bureau Approval Notice 2004 URLA as a model form for use in URLA contains numerous sections that and believes that including the 2016 complying with § 1002.13. In light of the are irrelevant to compliance with URLA as a model form is unnecessary proposed revisions to § 1002.13(a)(1)(i) § 1002.13. In proposing to remove the given the approvals already provided to and the proposal to provide two 2004 URLA, however, the Bureau does the 2016 URLA in that notice. The additional model forms for use in not intend to suggest that the content Bureau also believes that a model form complying with revised and wording of the form no longer designated for use in complying with § 1002.13(a)(1)(i), the Bureau proposes complies with § 1002.5(b) through (d) or § 1002.13(a)(1)(i)(B) is properly limited to remove the 2004 URLA as a model § 1002.13(a)(1)(i). to include only information relevant to form in Regulation B. The Bureau In light of these considerations, the the collection applicant demographic proposes that the 2004 URLA be Bureau proposes to remove the 2004 information and that inclusion of removed on the cutover date the URLA as a model form in the Regulation unrelated sections of the 2016 URLA is Enterprises designate for use of the 2016 B appendix, effective upon the cutover not necessary to further the purposes of URLA or January 1, 2022, whichever date designated by the Enterprises for ECOA or provide relevant guidance to comes first. use of the 2016 URLA or January 1, creditors. Moreover, the Bureau As noted above, the Bureau expects 2022, whichever comes first. The anticipates that the Enterprises may the Enterprises will designate in 2017 a Bureau solicits comment on this update the 2016 URLA in the future. By cutover date for mandatory use of the proposal.

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Removal of the Official Commentary to Veterans Affairs, the U.S. Department of specific categories required by current Appendix B Agriculture, and the Department of the Regulation B. Thus, the proposed As discussed above, commentary to Treasury, including regarding amendment has the added benefit that appendix B includes a discussion of two consistency with any prudential, market it will allow non-HMDA reporting forms created by the Enterprises that are or systematic objectives administered by entities to use the 2016 URLA as an no longer in use: A 1992 version of the such agencies. instrument to collect race and ethnicity URLA and a 1986 home-improvement The purpose of ECOA, as information. and energy loan application form. Given implemented by Regulation B, is to The second substantive change would that neither form discussed in the promote access to credit by all remove the outdated 2004 URLA as a commentary to the Regulation B creditworthy applicants without regard model form, concurrent with the date appendix is currently used by the to protected characteristics. The that the Enterprises have announced Enterprises, the Bureau believes that proposal would make three substantive they will cease accepting that form or on few, if any, creditors continue to use the changes to Regulation B, along with January 1, 2022, whichever occurs first. referenced forms. Accordingly, the other clarifications, minor changes, and The Bureau issued an Approval Notice Bureau proposes to remove in its technical corrections to align the under its authority in section 706(e) of entirety the commentary to the language of Regulation B with ECOA on September 23, 2016, that a Regulation B appendix based on the Regulation C as amended by the 2015 creditor that uses the 2016 URLA belief that it no longer provides useful HMDA Final Rule. The first would give without any modification that would guidance to creditors. While the Bureau persons who collect and retain race and violate § 1002.5(b) through (d) would act acknowledges that the commentary in ethnicity information in compliance in compliance with § 1002.5(b) through the Regulation B appendix instructs with ECOA as implemented in (d). The Bureau is not proposing to add creditors to delete, strike, or modify the Regulation B the option of permitting the 2016 URLA as a model form in place data-collection section on the referenced applicants to self-identify using the of the 2004 version. Instead, the Bureau forms when using the forms for disaggregated race and ethnicity is proposing to provide for two transaction not covered by § 1002.13(a), categories required by the 2015 HMDA alternative data collection model forms the Bureau believes that this language is Final Rule. In practice, this would allow for the purpose of collecting ethnicity unnecessary and duplicative of entities that report race and ethnicity in and race information. The Bureau appendix B itself, which provides that accordance with the 2015 HMDA Final believes this practice of acknowledging a creditor may alter the model forms by Rule and Regulation C to comply with future versions of the URLA via a deleting any information request. The Regulation B without further action, Bureau Approval Notice rather than a Bureau solicits comment on this while entities that do not report under revision to Regulation B will avoid the proposal, including specifically whether HMDA but record and retain race and risk that the model form included in any portion of the current commentary ethnicity data under Regulation B Regulation B will become outdated in to appendix B should be retained. would have the option of recording data the future. either using the existing aggregated Finally, the Bureau proposes VII. Dodd-Frank Act Section 1022(b) categories or the new disaggregated amending Regulation B and the Analysis categories. associated commentary to allow The Bureau believes that, absent this A. Overview creditors to collect ethnicity, race and change, entities which currently report In developing the proposed rule, the sex from mortgage applicants in certain race and ethnicity data under the cases where the creditor is not required Bureau has considered the potential HMDA could conclude that they have benefits, costs, and impacts.36 The to report under HMDA and Regulation different obligations under Regulation B C. These cases include creditors that Bureau requests comment on the and Regulation C once the 2015 HMDA preliminary analysis presented below as submit HMDA data even though not Final Rule goes into effect on January 1, required to do so, and creditors that well as submissions of additional data 2018. This would lead to unnecessary that could inform the Bureau’s analysis submitted HMDA data in any of the burden from collecting both aggregated preceding five calendar years. This of the benefits, costs, and impacts. The and disaggregated data. By making change would primarily benefit Bureau has consulted, or offered to disaggregated collection an option institutions that may be near the loan consult with, the prudential regulators under Regulation B, entities who will volume reporting threshold, such that (the Board of Governors of the Federal report race and ethnicity information they may be required to report under Reserve System, the Federal Deposit under the HMDA final rule will also be HMDA and Regulation C in some years Insurance Corporation, the National in compliance with Regulation B with and not others, or may be uncertain Credit Union Administration, and the certainty. The Bureau believes that about their reporting status. The Bureau Office of the Comptroller of the making collection of disaggregated race believes that allowing voluntary Currency), the Securities and Exchange and ethnicity an option for all entities collection will reduce the burden of Commission, the Department of Justice, covered by Regulation B will pose little the Department of Housing and Urban or no additional burden on those compliance with Regulation C on some Development, the Federal Housing entities who are not HMDA reporters. entities and provide certainty regarding Finance Agency, the Federal Trade The proposed amendment may have Regulation B compliance over time. Commission, the U.S. Department of some benefits to non-HMDA reporting B. Potential Benefits and Costs to entities, as the current language of Consumers and Covered Persons 36 Specifically, section 1022(b)(2)(A) of the Dodd- Regulation B would not allow these Frank Act calls for the Bureau to consider the entities to use the 2016 version of the Providing an Option To Collect potential costs of a regulation to consumers and Disaggregated Race and Ethnicity for covered persons, including the potential reduction Enterprises’ Uniform Residential Loan of access by consumers to consumer financial Application (URLA) for the purpose of Regulation B products or services; the impact on depository collecting race and ethnicity data, as the Relative to the state of Regulation B institutions and credit unions with $10 billion or less in total assets as described in section 1026 of 2016 URLA uses the disaggregated race and Regulation C following the effective the Dodd-Frank Act; and the impact on consumers and ethnicity categories matching the date of the 2015 HMDA Final Rule, the in rural areas. 2015 HMDA Final Rule and not the proposed amendment provides clear

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benefits to entities that will be required loan applications. The Enterprises have The Bureau also considered to collect and report race and ethnicity announced that they will cease eliminating entirely the collection and data under HMDA. Currently the accepting older versions of the URLA at retention requirement of Regulation B. disaggregated race and ethnicity a date to be determined and require Although this alternative would reduce categories required by the amendments firms that sell to the Enterprises to use burden to firms who do not report under to Regulation C in the 2015 HMDA Final the 2016 URLA form. Some Regulation HMDA, the Bureau believes it may Rule, effective January 1, 2018, do not B-only creditors sell mortgages to the impose costs on consumers. The match the categories specified in current Enterprises, and would benefit from prudential regulators confirm that data Regulation B. Because of the differences being able to use the 2016 URLA. collected and retained by entities between the categories, some creditors Because the policy change on the part subject to Regulation B but not required to collect and report race and of the Enterprises is not a part of the Regulation C may be used for fair ethnicity using the disaggregated rule, the Bureau believes any lending supervision and enforcement. categories set forth in Regulation C may operational costs from adopting the Institutions subject to Regulation B but be uncertain whether additional 2016 URLA are part of the normal not Regulation C include, for example, collection using aggregated categories course of business and are not a cost of institutions that do not have a branch or would also be required to satisfy current the proposed rule change. home office in a Metropolitan Statistical Regulation B. Complying with both In addition to the proposed change, Area, do not meet an applicable asset Regulations would require burdensome the Bureau considered two alternatives threshold, or do not meet an applicable and duplicative collection of race and to address the differing race and loan volume threshold. ethnicity data at both the aggregated and ethnicity requirements of Regulation B For instance, the 2015 NCUA Call disaggregated level. In practice, the and Regulation C. The Bureau Report and the 2015 Nationwide proposal simply makes clear that the considered requiring all persons subject Mortgage Licensing System & Registry existing collection that will be required to the collection and retention (NMLS) Mortgage Call Report data for Regulation C is sufficient for requirement of Regulation B to permit include 489 credit unions and 161 non- compliance with Regulation B. applicants to self-identify using depository institutions that originated at The proposal may have small benefits least 25 closed-end mortgages that are disaggregated race and ethnicity 37 to consumers, to the extent that lending categories. To the extent that consumers not found in the 2015 HMDA data. In entities voluntarily choose to collect would benefit from disaggregated race addition, many community banks in disaggregated race and ethnicity and ethnicity collection, this alternative rural areas are already exempt from information. As discussed in the section HMDA reporting because they do not would provide greater benefits than the 1022 analysis for the 2015 HMDA Final have a branch or home office in a Bureau’s proposal. However, of the Rule, collection of disaggregated race Metropolitan Statistical Area (MSA).38 three limitations to consumer benefits and ethnicity data can enhance the Demographic information collected listed above, only the first (that ability of regulators to conduct fair under Regulation B by those institutions disaggregated categories would be lending analysis. These benefits are with larger loan volumes may be used optional) is alleviated by requiring the limited for three reasons, however. First, in statistical analysis that supports fair use of disaggregated race and ethnicity non-HMDA reporters will not be lending supervision and enforcement. categories under Regulation B. It is still required to permit applicants to self- Removing the Regulation B requirement the case that due to the low volume of identify using disaggregated ethnicity altogether would make detection of any and race categories. Second, many mortgages by many affected entities and discrimination by these entities more Regulation B-only creditors will be the lack of reporting, disaggregated race difficult, with potentially large costs to exempt from reporting under Regulation and ethnicity data may have limited consumers where such discrimination C because they originate fewer than 25 benefits. Finally, the Bureau believes exists. Even for institutions with very closed-end mortgage loans in each of the many entities will adopt the 2016 URLA small volumes of originations that may two preceding calendar years, which as part of the course of business and not be subject to HMDA reporting means both that few consumers would thus permit applicants to self-identify because they do not meet an applicable be affected and that the resulting data using disaggregated race and ethnicity loan volume threshold, the retained would likely be too sparse for statistical categories. information may be useful for analysis even of the aggregated race and At the same time, mandatory use of comparative file reviews. In 2015 there ethnicity data. Finally, demographic disaggregated collection of race and were 1,178 institutions that reported data retained by Regulation B-only ethnicity categories would impose HMDA data but had fewer than 25 creditors is not reported under greater costs on firms than the Bureau’s originations and therefore would likely Regulation C. Consequently, most proposal, particularly on smaller be exempt under the 2015 HMDA Final oversight and analysis of demographic entities. These costs include greater Rule if they continue to originate loans data retained by Regulation B-only operational costs and one-time database at a similar volume. Although the loan creditors will be done only by upgrades. Unlike adoption of the 2016 regulators, whereas researchers and URLA, these costs would not be 37 The criteria for being a financial institution and community groups also conduct incurred in the normal course of reporting transactions under HMDA are different in business. The Bureau does not have data some ways from the criteria for reporting under the analysis of HMDA data reported under NMLS Mortgage Call Report and reporting Regulation C. The Bureau believes the available to estimate these costs, but transactions under it. It is possible that the NMLS proposal will not impose any costs on given the small marginal benefits of omits some non-depository institutions that consumers. mandatory use of disaggregated race and originated at least 25 closed-end mortgages, did not report HMDA data, and are subject to Regulation B. The proposal may have benefits to ethnicity categories, the Bureau is not Some or all of these institutions may also not have some Regulation B-only creditors. proposing making disaggregated race been required to report HMDA data. Although these entities need not make and ethnicity categories mandatory for 38 The Bureau does not have an estimate of the any changes to their race and ethnicity compliance with Regulation B. The number of rural community banks that are currently collection procedures, they may desire Bureau requests comments on both the exempt from HMDA reporting and originate at least 25 loans per year. The FFIEC call report for banks to do so in the future by adopting the costs and benefits associated with this does not report originations for depository 2016 URLA for non-HMDA reportable alternative approach. institutions that do not report to HMDA.

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volumes of most of these institutions C to be used to comply with Regulation The Bureau does not expect the would be too sparse for statistical B. Both certain depository institutions proposal to impose costs on covered analysis, the ability to conduct and credit unions with less than $10 persons. All methods of compliance comparative file reviews using data billion in assets and covered persons under current law will remain available retained under Regulation B has some with more than $10 billion in assets to small entities if the proposal is benefit. Accordingly, the Bureau does currently report data under HMDA and adopted. Thus, a small entity that is in not propose removing the Regulation B thus will receive these benefits. The compliance with current law need not requirement to collect and retain race benefits may be somewhat larger for take any additional action if the and ethnicity information. depository institutions and credit proposal is adopted, save those already unions with less than $10 billion in required by the 2015 HMDA Final Rule. Model Forms for Collecting Race and Accordingly, the undersigned certifies Ethnicity Data assets because the relative costs of duplicative collection would be greater that this proposal, if adopted, would not The Bureau believes that the proposal for these entities. have a significant economic impact on to change the model forms for collecting a substantial number of small entities. race and ethnicity data will have modest D. Impact on Access to Credit IX. Paperwork Reduction Act benefits to firms collecting these data, The Bureau does not believe that by providing updated model forms, and there will be an adverse impact on Under the Paperwork Reduction Act reducing confusion regarding the access to credit resulting from any of the of 1995 (PRA) (44 U.S.C. 3501 et seq.), outdated 2004 URLA. The proposal does proposed provisions. Federal agencies are generally required not impose any new costs on firms, nor to seek the Office of Management and does the Bureau believe that consumers E. Impact on Consumers in Rural Areas Budget (OMB)’s approval for will experience any cost or benefit from The Bureau believes that rural areas information collection requirements the proposal. The Bureau requests might benefit from the provision to prior to implementation. The collections comment regarding the costs and allow collection of disaggregated race of information related to Regulation B benefits associated with this proposal. and ethnicity information more than and Regulation C have been previously urban areas. One of the exceptions to reviewed and approved by OMB and Allowing Voluntary Collection of the reporting requirements under assigned OMB Control Number 3170– Applicant Information HMDA is for entities which do not have 0013 (Regulation B) and 3170–0008 Regarding the proposal to allow a branch or home office located in an (Regulation C). Under the PRA, the certain creditors to voluntarily collect MSA. Such entities likely serve Bureau may not conduct or sponsor and, demographic information, the Bureau primarily customers in rural areas. To notwithstanding any other provision of believes the financial institutions that the extent that the proposed provision law, a person is not required to respond will most likely exercise such options benefits firms and consumers, to an information collection unless the would be low-volume, low-complexity consumers in rural areas will see the information collection displays a valid institutions that have made a one-time largest benefits. control number assigned by OMB. investment in HMDA collection and The Bureau has determined that this reporting and would like to utilize that VIII. Regulatory Flexibility Act Proposed Rule would not impose any collection process already in place. The Analysis new or revised information collection Bureau believes the proposed provision The Regulatory Flexibility Act (RFA), requirements (recordkeeping, reporting will provide modest benefits to such as amended by the Small Business or disclosure requirements) on covered institutions, by saving on one-time Regulatory Enforcement Fairness Act of entities or members of the public that adjustment costs required to shift in and 1996, requires each agency to consider would constitute collections of out of collection. The Bureau expects the potential impact of its regulations on information requiring OMB approval that institutions will only exercise this small entities, including small business, under the PRA. Although some entities option if voluntary collection provides a small governmental units, and small subject to Regulation B but not net benefit. The Bureau does not believe nonprofit organizations. The RFA Regulation C may choose to voluntarily that consumers will experience any cost defines a ‘‘small business’’ as a business begin collecting disaggregated race and or benefit from the proposal. The that meets the size standard developed ethnicity information, the Bureau Bureau requests comment regarding the by the Small Business Administration believes the most likely reason for this costs and benefits associated with this pursuant to the Small Business Act. to occur is through adoption of the 2016 proposal, particularly data on the The RFA generally requires an agency URLA, which is not part of the proposed number of firms that might be interested to conduct an initial regulatory rule. in voluntary collection under this flexibility analysis (IRFA) and a final The Bureau welcomes comments on provision. regulatory flexibility analysis (FRFA) of this determination, which may any rule subject to notice-and-comment submitted to the Bureau at the C. Impact on Depository Institutions and rulemaking requirements, unless the Consumer Financial Protection Bureau Credit Unions With $10 Billion or Less agency certifies that the rule will not (Attention: PRA Office), 1700 G Street in Assets, As Described in Dodd-Frank have a significant economic impact on NW., Washington, DC 20552, or by Section 1026 a substantial number of small entities. email to [email protected]. All The Bureau believes that depository The Bureau also is subject to certain Comments are matters of Public Record. institutions and credit unions with $10 additional procedures under RFA billion or less in assets will not be involving the convening of a panel to List of Subjects in 12 CFR Part 1002 differentially affected by the substantive consult with small business Aged, Banks, Banking, Civil rights, proposed amendments. The primary representatives prior to proposing a rule Consumer protection, Credit, Credit benefit to lenders from the proposed for which an IRFA is required. unions, Discrimination, Fair lending, rule is the reduced uncertainty and An IRFA is not required for this Marital status discrimination, National compliance burden from allowing the proposal because the proposal, if banks, National origin discrimination, disaggregated race and ethnicity adopted, would not have a significant Penalties, Race discrimination, information collected under Regulation economic impact on any small entities. Religious discrimination, Reporting and

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recordkeeping requirements, Savings an applicant for a loan that would creditor’s option, on the application associations, Sex discrimination. otherwise be a covered loan under 12 form or on a separate form that refers to CFR 1003.2(e) if not excluded by 12 CFR the application. The applicant(s) shall Authority and Issuance 1003.3(c)(11) or (12); and be asked but not required to supply the For the reasons set forth above, the (iv) A creditor that exceeded an requested information. If the Bureau proposes to amend Regulation B, applicable loan volume threshold in the applicant(s) chooses not to provide the 12 CFR part 1002, as set forth below: first year of the two-year threshold information or any part of it, that fact period provided in 12 CFR 1003.2(g), shall be noted on the form. The creditor PART 1002—EQUAL CREDIT 1003.3(c)(11), or 1003.3(c)(12) may, in shall then also note on the form, to the OPPORTUNITY ACT (REGULATION B) the subsequent year, collect information extent possible, the ethnicity, race, and ■ 1. The authority citation for part 1002 regarding the ethnicity, race, and sex of sex of the applicant(s) on the basis of continues to read as follows: an applicant for a loan that would visual observation or surname. When a otherwise be a covered loan under 12 creditor collects ethnicity and race Authority: 12 U.S.C. 5512, 5581; 15 U.S.C. CFR 1003.2(e) if not excluded by 12 CFR information pursuant to paragraph 1691b. 1003.3(c)(11) or (12). (a)(1)(i)(B), the creditor must comply ■ 2. Section 1002.5 is amended by with any restrictions on the collection of adding paragraph (a)(4) to read as * * * * * an applicant’s ethnicity or race on the follows: ■ 3. Section 1002.12 is amended by revising paragraph (b)(1)(i) to read as basis of visual observation or surname § 1002.5 Rules concerning requests for follows: set forth in appendix B to Regulation C, information. 12 CFR part 1003. (a) * * * § 1002.12 Record retention. * * * * * (4) Other permissible collection of * * * * * ■ 5. Appendix B to Part 1002—Model information. Notwithstanding paragraph (b) * * * Application Forms is amended by (b) of this section, a creditor may collect (1) * * * revising paragraph (1) and adding a Data information under the following (i) Any application that it receives, Collection Model Form to read as circumstances provided that the creditor any information required to be obtained follows: collects the information in compliance concerning characteristics of the with appendix B to Regulation C, 12 applicant to monitor compliance with Appendix B to Part 1002—Model CFR part 1003: the Act and this part or other similar Application Forms (i) A creditor that is a financial law, any information obtained pursuant institution under 12 CFR 1003.2(g) may to § 1002.5(a)(4), and any other written 1. This appendix contains five model collect information regarding the or recorded information used in credit application forms, each designated for ethnicity, race, and sex of an applicant evaluating the application and not use in a particular type of consumer credit for a closed-end mortgage loan that is an returned to the applicant at the transaction as indicated by the bracketed excluded transaction under 12 CFR applicant’s request. caption on each form. The first sample form 1003.3(c)(11) if it submits HMDA data ■ 4. Section 1002.13 is amended by is intended for use in open-end, unsecured concerning such closed-end mortgage revising paragraphs (a)(1)(i) and (b) to transactions; the second for closed-end, loans and applications or if it submitted read as follows: secured transactions; the third for closed-end HMDA data concerning closed-end transactions, whether unsecured or secured; mortgage loans for any of the preceding § 1002.13 Information for monitoring the fourth in transactions involving purposes. community property or occurring in five calendar years; community property States; and the fifth in (ii) A creditor that is a financial (a) * * * residential mortgage transactions which institution under 12 CFR 1003.2(g) may (1) * * * (i) Ethnicity and race using either: contains a model disclosure for use in collect information regarding the complying with § 1002.13 for certain ethnicity, race, and sex of an applicant (A) For ethnicity, the aggregate categories Hispanic or Latino and not dwelling-related loans. This appendix also for an open-end line of credit that is an contains a data collection model form for Hispanic or Latino; and, for race, the excluded transaction under 12 CFR collecting information concerning an 1003.3(c)(12) if it submits HMDA data aggregate categories American Indian or applicant’s ethnicity, race, and sex that concerning such open-end lines of Alaska Native, Asian, Black or African complies with the requirements of credit and applications or if it submitted American, Native Hawaiian or Other § 1002.13(a)(1)(i)(A) and (ii). Appendix B to HMDA data concerning open-end lines Pacific Islander, and White; or Regulation C, 12 CFR part 1003, provides a of credit for any of the preceding five (B) The categories and subcategories data collection model form for collecting calendar years; for the collection of ethnicity and race information concerning an applicant’s (iii) A creditor that submitted HMDA set forth in appendix B to Regulation C, ethnicity, race and sex that complies with the data for any of the preceding five 12 CFR part 1003. requirements of § 1002.13(a)(1)(i)(B) and (ii). calendar years but is not currently a * * * * * All forms contained in this appendix are financial institution under 12 CFR (b) Obtaining information. Questions models; their use by creditors is optional. 1003.2(g) may collect information regarding ethnicity, race, sex, marital * * * * * regarding the ethnicity, race, and sex of status, and age may be listed, at the BILLING CODE 4810–AM–P

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BILLING CODE 4810–AM–C ■ ii. New heading Paragraph 5(a)(4) is Paragraph 5(a)(4).1. Other permissible * * * * * added, and under Paragraph 5(a)(4) new collection of information. Information ■ 6. Appendix B to Part 1002—Model paragraph 1 is added. regarding ethnicity, race, and sex that is not ■ b. Under Section 1002.12—Record required to be collected pursuant to Application Forms is amended by Regulation C may nevertheless be collected revising paragraph 1 and under retention: ■ under the circumstances set forth in paragraph 3 removing the form i. Under Paragraph 12(b), paragraph 2 § 1002.5(a)(4) without violating § 1002.5(b). ‘‘Uniform Residential Loan is revised. The information must be retained pursuant to Application’’. ■ c. Under Section 1002.13— the requirements of § 1002.12. The revision reads as follows: Information for monitoring purposes: * * * * * ■ i. Under Paragraph 13(a) Appendix B to Part 1002—Model —Information to be requested, Section 1002.12—Record Retention Application Forms paragraph 7 is revised and paragraph 8 * * * * * 1. This appendix contains four model is added. 12(b) Preservation of Records ■ credit application forms, each designated for ii. Under Paragraph 13(b)—Obtaining * * * * * use in a particular type of consumer credit of information, paragraph 1 is revised. 2. Computerized decisions. A creditor that ■ transaction as indicated by the bracketed iii. Under Paragraph 13(c)— enters information items from a written caption on each form. The first sample form Disclosure to applicants, paragraph 1 is application into a computerized or is intended for use in open-end, unsecured revised. mechanized system and makes the credit transactions; the second for closed-end, ■ d. The heading Appendix B—Model decision mechanically, based only on the secured transactions; the third for closed-end Application Forms and paragraphs 1 items of information entered into the system, transactions, whether unsecured or secured; and 2 thereunder are removed. may comply with § 1002.12(b) by retaining and the fourth in transactions involving The revisions and additions read as the information actually entered. It is not community property or occurring in follows: required to store the complete written community property States. This appendix application, nor is it required to enter the also contains a data collection model form for Supplement I to Part 1002—Official remaining items of information into the collecting information concerning an Interpretations system. If the transaction is subject to applicant’s ethnicity, race, and sex that * * * * * § 1002.13 or the creditor is collecting complies with the requirements of information pursuant to § 1002.5(a)(4), § 1002.13(a)(1)(i)(A) and (ii). Appendix B to Section 1002.5—Rules Concerning Requests however, the creditor is required to enter and Regulation C, 12 CFR part 1003, provides a for Information retain the data on personal characteristics in data collection model form for collecting 5(a) General Rules order to comply with the requirements of that section. information concerning an applicant’s * * * * * ethnicity, race and sex that complies with the * * * * * requirements of § 1002.13(a)(1)(i)(B) and (ii). Paragraph 5(a)(2) Section 1002.13—Information for Monitoring All forms contained in this appendix are * * * * * Purposes models; their use by creditors is optional. 2. Information required by Regulation C. * * * * * Regulation C, 12 CFR part 1003, generally 13(a) Information To Be Requested ■ 7. Supplement I to Part 1002—Official requires creditors covered by the Home * * * * * Mortgage Disclosure Act (HMDA) to collect 7. Data collection under Regulation C. For Interpretations: and report information about the race, ■ a. Under Section 1002.5—Rules applications subject to § 1002.13(a)(1), a ethnicity, and sex of applicants for certain creditor that collects information about the concerning requests for information: dwelling-secured loans, including some ethnicity, race, and sex of an applicant in ■ i. Under Paragraph 5(a)(2), paragraph types of loans not covered by § 1002.13. compliance with the requirements of 2 is revised. * * * * * appendix B to Regulation C, 12 CFR part

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1003, is acting in compliance with § 1002.13 DEPARTMENT OF HEALTH AND • Federal eRulemaking Portal: concerning the collection of an applicant’s HUMAN SERVICES https://www.regulations.gov. Follow the ethnicity, race, and sex information. See also instructions for submitting comments. comment 5(a)(2)–2.8. Application-by- Food and Drug Administration Comments submitted electronically, application basis. For applications subject to including attachments, to https:// § 1002.13(a)(1), a creditor may choose on an 21 CFR Part 73 www.regulations.gov will be posted to application-by-application basis whether to the docket unchanged. Because your collect aggregate information pursuant to [Docket No. FDA–2017–C–1951] comment will be made public, you are § 1002.13(a)(1)(i)(A) or disaggregated Environmental Defense Fund, solely responsible for ensuring that your information pursuant to § 1002.13(a)(1)(i)(B) comment does not include any about the ethnicity and race of the applicant. Earthjustice, Environmental Working Group, Center for Environmental confidential information that you or a 13(b) Obtaining of information. 1. Forms third party may not wish to be posted, for collecting data. A creditor may collect the Health, Healthy Homes Collaborative, Health Justice Project of Loyola such as medical information, your or information specified in § 1002.13(a) either anyone else’s Social Security number, or University Chicago School of Law, on an application form or on a separate form confidential business information, such Breast Cancer Fund, Improving Kids’ referring to the application. Appendix B to as a manufacturing process. Please note Environment, Consumers Union, this part provides for two alternative data that if you include your name, contact Natural Resources Defense Council, collection model forms for use in complying information, or other information that Consumer Federation of America, with the requirements of § 1002.13(a)(1)(i) identifies you in the body of your Learning Disabilities Association, and (ii) to collect information concerning an comment, that information will be Maricel Maffini, and Howard Mielke; applicant’s ethnicity, race, and sex. When a posted on https://www.regulations.gov. creditor collects ethnicity and race Filing of Color Additive Petition • If you want to submit a comment information pursuant to § 1002.13(a)(1)(i)(A), AGENCY: Food and Drug Administration, with confidential information that you the applicant must be offered the option to HHS. do not wish to be made available to the select more than one racial designation. public, submit the comment as a ACTION: Notice of petition. When a creditor collects ethnicity and race written/paper submission and in the information pursuant to § 1002.13(a)(1)(i)(B), SUMMARY: The Food and Drug manner detailed (see ‘‘Written/Paper the applicant must be offered the option to Administration (FDA or we) is Submissions’’ and ‘‘Instructions’’). select more than one ethnicity designation and more than one racial designation. announcing that we have filed a Written/Paper Submissions petition, submitted by the * * * * * Environmental Defense Fund, Submit written/paper submissions as 13(c) Disclosure to applicants. 1. Earthjustice, Environmental Working follows: • Mail/Hand delivery/Courier (for Procedures for providing disclosures. The Group, Center for Environmental written/paper submissions): Division of disclosure to an applicant regarding the Health, Healthy Homes Collaborative, Dockets Management (HFA–305), Food monitoring information may be provided in Health Justice Project of Loyola and Drug Administration, 5630 Fishers writing. Appendix B provides data collection University Chicago School of Law, Lane, Rm. 1061, Rockville, MD 20852. model forms for use in complying with Breast Cancer Fund, Improving Kids’ § 1002.13 and that comply with § 1002.13(c). • For written/paper comments Environment, Consumers Union, submitted to the Division of Dockets A creditor may devise its own disclosure so Natural Resources Defense Council, long as it is substantially similar. The Management, FDA will post your Consumer Federation of America, creditor need not orally request the comment, as well as any attachments, Learning Disabilities Association, monitoring information if it is requested in except for information submitted, Maricel Maffini, and Howard Mielke, writing. marked and identified, as confidential, proposing that FDA repeal the color * * * * * if submitted as detailed in additive regulation providing for the use ‘‘Instructions.’’ Dated: March 24, 2017. of lead acetate in cosmetics intended for Instructions: All submissions received Richard Cordray, coloring hair on the scalp. must include the Docket No. FDA– Director, Bureau of Consumer Financial DATES: The color additive petition was 2017–C–1951 for ‘‘Environmental Protection. filed on February 24, 2017. Submit Defense Fund, Earthjustice, [FR Doc. 2017–06195 Filed 4–3–17; 8:45 am] either electronic or written comments Environmental Working Group, Center by June 5, 2017. Late, untimely filed BILLING CODE 4810–AM–P for Environmental Health, Healthy comments will not be considered. Homes Collaborative, Health Justice Electronic comments must be submitted Project of Loyola University Chicago on or before June 5, 2017. The https:// School of Law, Breast Cancer Fund, www.regulations.gov electronic filing Improving Kids’ Environment, system will accept comments until Consumers Union, Natural Resources midnight Eastern Time at the end of Defense Council, Consumer Federation June 5, 2017. Comments received by of America, Learning Disabilities mail/hand delivery/courier (for written/ Association, Maricel Maffini, and paper submissions) will be considered Howard Mielke; Filing of Color Additive timely if they are postmarked or the Petition.’’ Received comments, those delivery service acceptance receipt is on filed in a timely manner (see DATES), or before that date. will be placed in the docket and, except ADDRESSES: You may submit comments for those submitted as ‘‘Confidential as follows: Submissions,’’ publicly viewable at https://www.regulations.gov or at the Electronic Submissions Division of Dockets Management Submit electronic comments in the between 9 a.m. and 4 p.m., Monday following way: through Friday.

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• Confidential Submissions—To Improving Kids’ Environment, 1506.6(b)), we are placing the submit a comment with confidential Consumers Union, Natural Resources environmental document submitted information that you do not wish to be Defense Council, Consumer Federation with the subject petition on public made publicly available, submit your of America, Learning Disabilities display at the Division of Dockets comment only as a written/paper Association, Maricel Maffini, and Management (see ADDRESSES) so that submission. You should submit two Howard Mielke, c/o Thomas Neltner, interested persons may review the copies total. One copy will include the 1875 Connecticut Ave. NW., Suite 600, document. If we determine that the information you claim to be confidential Washington, DC 20009. The petition petitioners’ claim of categorical with a heading or cover note that states proposes that we repeal the color exclusion is warranted and that neither ‘‘THIS DOCUMENT CONTAINS additive regulation for lead acetate in an environmental assessment nor CONFIDENTIAL INFORMATION.’’ We § 73.2396 (21 CFR 73.2396), which environmental impact statement is will review this copy, including the permits the use of lead acetate in required, we will announce our claimed confidential information, in our cosmetics intended for coloring hair on determination in the Federal Register if consideration of comments. The second the scalp only, subject to certain this petition results in the repeal of copy, which will have the claimed restrictions. § 73.2396. If we determine that the confidential information redacted/ II. Repeal of § 73.2396 claim of categorical exclusion is not blacked out, will be available for public warranted, we will place the viewing and posted on https:// In accordance with the procedure in environmental assessment on public www.regulations.gov. Submit both section 721(d) of the FD&C Act for display at the Division of Dockets copies to the Division of Dockets issuance, amendment, or repeal of Management and provide notice in the Management. If you do not wish your regulations, the petition asks us to Federal Register announcing its name and contact information to be repeal § 73.2396 to no longer provide for availability for review and comment. made publicly available, you can the use of lead acetate in cosmetics intended for coloring hair on the scalp. Dated: March 29, 2017. provide this information on the cover Dennis M. Keefe, sheet and not in the body of your Specifically, the petitioners contend that new data, available since we issued Director, Office of Food Additive Safety, comments and you must identify this Center for Food Safety and Applied Nutrition. information as ‘‘confidential.’’ Any § 73.2396 in 1980 (45 FR 72112, October information marked as ‘‘confidential’’ 31, 1980), demonstrate that lead acetate: [FR Doc. 2017–06581 Filed 4–3–17; 8:45 am] will not be disclosed except in (1) Is readily absorbed through human BILLING CODE 4164–01–P skin; (2) once absorbed, is transported to accordance with 21 CFR 10.20 and other various organs, including the brain, and applicable disclosure law. For more into extracellular fluid compartments; information about FDA’s posting of DEPARTMENT OF STATE (3) has been designated as ‘‘reasonably comments to public dockets, see 80 FR anticipated to be a human carcinogen’’ 56469, September 18, 2015, or access 22 CFR Part 96 based on evidence of carcinogenicity in the information at: https://www.gpo.gov/ experimental animals; (4) has other [Public Notice: 9940] fdsys/pkg/FR-2015-09-18/pdf/2015- adverse health effects including 23389.pdf. RIN 1400–AD91 neurotoxicity; and (5) there is no safe Docket: For access to the docket to level of exposure to lead. The read background documents or the Intercountry Adoptions petitioners cite, as evidence, electronic and written/paper comments conclusions by the National Toxicology AGENCY: Department of State. received, go to https:// Program, the Centers for Disease Control ACTION: Proposed rule; notice of www.regulations.gov and insert the and Prevention, the Environmental withdrawal. docket number, found in brackets in the Protection Agency, and decisions heading of this document, into the related to lead and lead compounds by SUMMARY: The Department of State ‘‘Search’’ box and follow the prompts other national regulatory agencies, (Department) published a notice of and/or go to the Division of Dockets including Health Canada. The proposed rulemaking (NPRM) on Management, 5630 Fishers Lane, Rm. petitioners claim that there is no longer September 8, 2016, proposing to amend 1061, Rockville, MD 20852. a reasonable certainty of no harm from its regulations implementing the 1993 FOR FURTHER INFORMATION CONTACT: the use of lead acetate for coloring hair Hague Convention on Protection of Molly A. Harry, Center for Food Safety on the scalp. Children and Co-operation in Respect of and Applied Nutrition, Food and Drug We invite comments and additional Intercountry Adoption and the Administration, 5001 Campus Dr., scientific data and other information Intercountry Adoption Act of 2000. 81 College Park, MD 20740, 240–402–1075. related to the issues raised by this FR 62322. The Department hereby SUPPLEMENTARY INFORMATION: petition. If we determine that the withdraws that action. The comments available data justify repealing § 73.2396 provided in response to the NPRM will I. Background to no longer provide for the use of lead be considered in drafting a new rule, Under section 721(d)(1) of the Federal acetate, we will publish our decision in which is expected to be published later Food, Drug, and Cosmetic Act (the the Federal Register in accordance with this year. FD&C Act) (21 U.S.C. 379e(d)(1)), we are 21 CFR 71.20. DATES: September 8, 2016. giving notice that we have filed a color We also are reviewing the potential FOR FURTHER INFORMATION CONTACT: additive petition (CAP 7C0309), environmental impact of the petitioners’ Trish Maskew, (202) 485–6024. submitted by the Environmental requested action. The petitioners claim Defense Fund, Earthjustice, a categorical exclusion from preparing Theodore ‘‘Ted’’ R. Coley Environmental Working Group, Center an environmental assessment or Acting Deputy Assistant Secretary, Overseas for Environmental Health, Healthy environmental impact statement under Citizen Services, Bureau of Consular Affairs, Homes Collaborative, Health Justice 21 CFR 23.32(m). In accordance with U.S. Department of State. Project of Loyola University Chicago regulations issued under the National [FR Doc. 2017–06558 Filed 4–3–17; 8:45 am] School of Law, Breast Cancer Fund, Environmental Policy Act (40 CFR BILLING CODE P

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DEPARTMENT OF THE INTERIOR Valuation Rule). 81 FR 43338. The 2017 and accurately report and pay royalties, Valuation Rule changes how Federal oil because they would continue to use a Office of Natural Resources Revenue and gas and Federal and Indian coal well-known system that has been in lessees value production for royalty place for decades. 30 CFR Parts 1202 and 1206 purposes. It also revises revenue- ONRR’s original intent behind the reporting requirements. 2017 Rule was to offer greater [Docket No. ONRR–2017–0001; DS63644000 On December 29, 2016, three different simplicity, certainty, clarity, and DR2000000.CH7000 178D0102R2] sets of petitioners filed three separate consistency in product valuation and RIN 1012–AA20 petitions challenging the 2017 Valuation reporting for mineral lessees. But ONRR Rule in the United States District Court has since identified several areas in the Repeal of Consolidated Federal Oil & for the District of Wyoming. In those rule that warrant reconsideration to Gas and Federal & Indian Coal lawsuits the petitioners allege that meet policy and implementation Valuation Reform certain provisions of the 2017 Valuation objectives, including but not limited to, Rule are arbitrary, capricious, and how to value coal production in certain AGENCY: Office of Natural Resources contrary to the law. The petitioners raise non-arm’s length transactions, how to Revenue, Interior. serious questions concerning the value coal when the first arm’s-length ACTION: Proposed rule. validity or prudence of certain sale of the coal is electricity, how to provisions of the 2017 Valuation Rule, value gas in certain no-sale situations, SUMMARY: The Office of Natural such as the expansion of the ‘‘default and under what circumstances, and on Resources Revenue (ONRR) proposes to provision’’ and the use of the sales price whom, ONRR’s valuation repeal the Consolidated Federal Oil & of electricity to value coal. determinations are binding. The repeal Gas and Federal & Indian Coal In addition to initiating litigation, on would allow ONRR to reconsider Valuation Reform Rule that was February 17, 2017, the petitioners sent whether the changes made by the 2017 published in the Federal Register on a joint letter to the ONRR Director. In Valuation Rule are needed, while July 1, 2016 (‘‘2017 Valuation Rule’’). that letter the petitioners asserted that providing certainty and clarity to the Repeal of the 2017 Valuation Rule the 2017 Valuation Rule’s new reporting regulated community during that would maintain the current regulatory and payment requirements would be reconsideration by continuing to require status quo by keeping the longstanding difficult or impossible to comply with compliance with lawful, longstanding, pre-existing regulations in effect. by the royalty reporting-deadline, a and well known procedures. Absent DATES: You must submit comments on problem that would be exacerbated by repeal, ONRR would also be required to or before May 4, 2017. the fact that non-compliant lessees may continue litigation over the 2017 ADDRESSES: You may submit comments be exposed to significant civil penalties. Valuation Rule, even though that Rule to ONRR on this proposed rulemaking The petitioners’ lawsuits and may not reflect ONRR’s current by any of the methods listed below. correspondence echoed the concerns conclusions on how best to value Please reference the Regulation voiced by many industry representatives production for royalty purposes. Identifier Number (RIN) 1012–AA20 in in workshops during the public Concurrently with this notice, ONRR is your comments. See also Public comment period that preceded the 2017 publishing an Advance Notice of Availability of Comments under Valuation Rule’s promulgation. Records Proposed Rulemaking seeking Procedural Matters. of those workshops, industry comments, comments on whether revisions are • Electronically: Go to and other public comments may be appropriate or needed to the pre- _ _ www.regulations.gov. In the entry titled viewed at https://onrr.gov/Laws R D/ existing regulations governing royalty ‘‘Enter Keyword or ID,’’ enter ‘‘ONRR– FRNotices/AA13.htm. values, including comments on whether 2017–0002,’’ and then click ‘‘Search.’’ On February 27, 2017, in response to the 2017 Valuation Rule should Follow the instructions to submit public the petitioners’ lawsuits and their ultimately be retained or repromulgated, comments. We will post all comments. request to ONRR to stay implementation in whole or in part. • Email comments to Armand of the 2017 Valuation Rule, ONRR ONRR’s pre-existing valuation rules Southall, Regulatory Specialist, at postponed implementation of the 2017 are still authorized by, and consistent [email protected]. Valuation Rule, pending judicial review, with, applicable law, including 5 U.S.C. • Hand-carry or mail comments, by notice published in the Federal 301 et seq., 25 U.S.C. 396 et seq., 396a using an overnight courier service, to Register. 82 FR 11823. et seq., 2101 et seq.; 30 U.S.C. 181 et ONRR is now proposing to repeal the the Office of Natural Resources seq., 351 et seq., 1001 et seq., 1701 et 2017 Valuation Rule in its entirety. Revenue, Building 53, Entrance E–20, seq.; 31 U.S.C. 9701; 43 U.S.C. 1301 et Repeal would be consistent with the Denver Federal Center, West 6th Ave. seq., 1331 et seq., and 1801 et seq. President’s January 30, 2017, Executive and Kipling St., Denver, Colorado Order on Reducing Regulation and II. Explanation of Proposed 80225. Controlling Regulatory Costs. It would Amendments FOR FURTHER INFORMATION CONTACT: For (a) preserve the regulatory status quo ONRR proposes to repeal the 2017 comments or questions on procedural while ONRR reconsiders whether Valuation Rule in its entirety. If, issues, contact Armand Southall, ONRR, revisions are appropriate or needed to following public comment, ONRR at (303) 231–3221, or email to the pre-existing regulations governing publishes a final rule repealing the 2017 [email protected]. royalty values; (b) avoid the costs to Valuation Rule in its entirety, then 30 SUPPLEMENTARY INFORMATION: both government and industry of CFR parts 1202 and 1206 would revert converting to controversial new royalty to read as they did before ONRR I. Background reporting and payment systems while promulgated the 2017 Valuation Rule. On July 1, 2016, ONRR published in the reconsideration takes place; (c) Part 1202 would read as published in the Federal Register the Consolidated eliminate the need for continued and the July 1, 2015, edition of title 30 of the Federal Oil & Gas and Federal & Indian uncertain litigation over the validity of Code of Federal Regulations (CFR), Coal Valuation Reform Rule, which was the 2017 Valuation Rule, and (d) which is at https://www.gpo.gov/fdsys/ effective on January 1, 2017 (2017 enhance the lessees’ ability to timely pkg/CFR-2015-title30-vol3/pdf/CFR-

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2015-title30-vol3-part1202.pdf. Part achieving regulatory ends. The c. Would not have significant adverse 1206 would read as published in the Executive Order directs agencies to effects on competition, employment, July 1, 2015, edition of title 30 of the consider regulatory approaches that investment, productivity, innovation, or Code of Federal Regulations, which is at reduce burdens and maintain flexibility the ability of U.S.-based enterprises to https://www.gpo.gov/fdsys/pkg/CFR- and freedom of choice for the public compete with foreign-based enterprises. 2015-title30-vol3/pdf/CFR-2015-title30- where these approaches are relevant, This proposed rule would benefit U.S.- vol3-part1206.pdf. feasible, and consistent with regulatory based enterprises. objectives. E.O. 13563 emphasizes III. Section-by-Section Analysis 5. Unfunded Mandates Reform Act further that regulations must be based The proposed and final rules for the on the best available science and that This proposed rule would not impose 2017 Valuation Rule, including their the rulemaking process must allow for an unfunded mandate on State, local, or section-by-section analyses, are at public participation and an open Tribal governments, or the private sector https://onrr.gov/Laws_R_D/FRNotices/ exchange of ideas. We developed this of more than $100 million per year. This AA13.htm. A repeal of the 2017 proposed rule in a manner consistent proposed rule would not have a Valuation Rule would return each with these requirements. significant or unique effect on State, section to its reading prior to the July 1, The President’s January 30, 2017, local, or Tribal governments, or the 2016, publication of the 2017 Valuation Executive Order on Reducing private sector. Therefore, we are not Rule. With repeal, the section-by-section Regulation and Controlling Regulatory required to provide a statement analyses may be found in the preambles Costs, as implemented under February containing the information set out in the for ONRR’s and its predecessors’ prior 2, 2017, Interim Guidance issued by Unfunded Mandates Reform Act (2 rulemakings as published in the Federal OIRA, imposes certain requirements for U.S.C. 1501 et seq.). See the 2017 Register. The Federal Register volume every rule considered significant under Valuation Rule, under Procedural and page number citations for those E.O. 12866. First, every new significant Matters, item 1, starting at 81 FR 43359, prior rulemakings, including their rule requires the repeal of two rules. and item 5 at 81 FR 43368. preambles, may be found in the Code of Second, an agency must fully offset the 6. Takings (E.O. 12630) Federal Regulations, 30 CFR parts 1202 total incremental cost of significant new and 1206, as they existed before the July regulations, including repealed Under the criteria in E.O. 12630, this 1, 2016, publication of the 2017 regulations, finalized in fiscal year 2017. proposed rule would not have Valuation Rule. For part 1202 the Since this proposed rule—which is significant takings implications. This Federal Register citations are at https:// itself a repeal of an existing rule—is not proposed rule would apply to Federal www.gpo.gov/fdsys/pkg/CFR-2015- a significant rule under E.O. 12866, it oil, Federal gas, Federal coal, and Indian title30-vol3/pdf/CFR-2015-title30-vol3- does not require the repeal of two other coal leases only. This proposed rule part1202.pdf. For part 1206, the Federal existing rules, and the agency is not would not be a governmental action Register citations are at https:// required to offset its cost against the cost capable of interference with www.gpo.gov/fdsys/pkg/CFR-2015- of other fiscal year 2017 rules. constitutionally protected property title30-vol3/pdf/CFR-2015-title30-vol3- rights. This proposed rule does not 3. Regulatory Flexibility Act part1206.pdf. require a Takings Implication IV. Procedural Matters The Department of the Interior Assessment. certifies that this proposed rule would 7. Federalism (E.O. 13132) 1. Summary Cost and Royalty Impact not have a significant economic effect Data on a substantial number of small entities Under the criteria in E.O. 13132, this Repeal would negate the cost and under the Regulatory Flexibility Act (5 proposed rule would not have sufficient royalty impact of the 2017 Valuation U.S.C. 601 et seq.). See the 2017 Federalism implications to warrant the Rule. That cost and royalty impact is Valuation Rule, Procedural Matters, preparation of a Federalism Assessment. described in the final 2017 Valuation item 1, starting at 81 FR 43359, and item The management of Federal oil and gas Rule, under Procedural Matters, item 1, 3, starting at 81 FR 43367. leases and Federal and Indian coal leases is the responsibility of the starting at 81 FR 43359. 4. Small Business Regulatory Secretary of the Interior. This proposed Enforcement Fairness Act 2. Regulatory Planning and Review rule would not impose administrative (Executive Orders 12866, 13563, and This proposed rule is not a major rule costs on States or local governments. Executive Order 13771 on Reducing under 5 U.S.C. 804(2), the Small This proposed rule also does not Regulation and Controlling Regulatory Business Regulatory Enforcement substantially and directly affect the Costs Dated January 30, 2017) Fairness Act. This proposed rule: relationship between the Federal and Executive Order (E.O.) 12866 provides a. Would not have an annual effect on State governments. Because this rule, if that the Office of Information and the economy of $100 million or more. promulgated as a final rule, would not Regulatory Affairs (OIRA) of the Office We estimate the maximum effect as a alter that relationship, it does not of Management and Budget (OMB) will reverse of the impacts described in the require a Federalism summary impact review all significant rules. The Office 2017 Valuation Rule, under Procedural statement. of Information and Regulatory Affairs Matters, item 1, starting at 81 FR 43359, 8. Civil Justice Reform (E.O. 12988) has determined that this rule is not and item 4, 81 FR 43368. significant. b. Would not cause a major increase This proposed rule would comply Executive Order 13563 reaffirms the in costs or prices for consumers, with the requirements of E.O. 12988, for principles of E.O. 12866, while calling individual industries, Federal, State, or the reasons we outline in the following for improvements in the Nation’s local government agencies, or paragraphs. Specifically, this proposed regulatory system to promote geographic regions. See the 2017 rule: predictability, to reduce uncertainty, Valuation Rule, under Procedural a. Would meet the criteria of § 3(a), and to use the best, most innovative, Matters, item 1, starting at 81 FR 43359, which requires that we review all and least burdensome tools for and item 4, 81 FR 43368. regulations to eliminate errors and

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ambiguity and to write them to not involved in any of the extraordinary Dated: March 30, 2017. minimize litigation. circumstances listed in 43 CFR 46.215 Amy Holley, b. Would meet the criteria of § 3(b)(2), that would require further analysis Acting Assistant Secretary for Policy, which requires that we write all under NEPA. The procedural changes Management and Budget. regulations in clear language using clear resulting from the repeal of the 2017 [FR Doc. 2017–06617 Filed 4–3–17; 8:45 am] legal standards. Valuation Rule would have no BILLING CODE 4335–30–P 9. Consultation With Indian Tribal consequences on the physical Governments (E.O. 13175) environment. This proposed rule would not alter, in any material way, natural DEPARTMENT OF THE INTERIOR The Department strives to strengthen resources exploration, production, or its government-to-government transportation. Office of Natural Resources Revenue relationship with the Indian Tribes through a commitment to consultation 12. Effects on the Energy Supply (E.O. 30 CFR Parts 1202 and 1206 13211) with the Indian Tribes and recognition [Docket No. ONRR–2017–0002; DS63644000 of their right to self-governance and This proposed rule would not be a DR2000000.CH7000 178D0102R2] Tribal sovereignty. Under the significant energy action under the RIN 1012–AA21 Department’s consultation policy and definition in E.O. 13211, and, therefore, the criteria in E.O. 13175, we evaluated would not require a Statement of Energy Federal Oil and Gas and Federal and this proposed rule and determined that Effects. Indian Coal Valuation it would potentially affect Federally- recognized Indian Tribes. We 13. Clarity of This Regulation AGENCY: Office of Natural Resources determined that this rule would restore Revenue (ONRR), Interior. Executive Orders 12866 (section the historical valuation methodology for ACTION: Advance Notice of Proposed coal produced from Indian leases. Our 1(b)(12)), 12988 (section 3(b)(1)(B)), and Rulemaking (ANPRM). previous and planned activities include: 13563 (section 1(a)), and the (a) As described in the 2017 Valuation Presidential Memorandum of June 1, SUMMARY: The Office of Natural Rule under Procedural Matters, item 9, 1998, would require us to write all rules Resources Revenue (ONRR) requests at 81 FR 43368, we consulted with the in Plain Language. This means that each comments and suggestions from affected affected Tribes on a government-to- rule that we publish must: (a) Have parties and the interested public on government basis in preparing the 2017 logical organization; (b) use the active whether revisions to the regulations Valuation Rule. We also will consult voice to address readers directly; (c) use governing the valuation, for royalty with the affected Tribes about potential clear language rather than jargon; (d) use purposes, of oil and gas produced from repeal of the 2017 Valuation Rule. short sections and sentences; and (e) use Federal onshore and offshore leases and (b) We will fully consider Tribal lists and tables wherever possible. coal produced from Federal and Indian views in the final rule. If you feel that we have not met these leases, are needed and, if so, what specific revisions should be considered. 10. Paperwork Reduction Act requirements, send your comments to [email protected]. To better On July 1, 2016, ONRR published a final This proposed rule: help us revise this rule, make your rule, Consolidated Federal Oil and Gas (a) Does not contain any new comments as specific as possible. For and Federal and Indian Coal Valuation information collection requirements. example, you should tell us the Reform (2017 Valuation Rule). ONRR (b) Does not require a submission to numbers of the sections or paragraphs subsequently stayed the effective date of OMB under the Paperwork Reduction that you think we wrote unclearly, that rule pending resolution of Act of 1995 (44 U.S.C. 3501 et seq). See which sections or sentences are too litigation. As a result of the stay, the regulations in effect prior to January 1, 5 CFR 1320.4(a)(2). long, the sections where you feel lists or 2017 (‘‘pre-existing regulations’’) remain This proposed rule, if promulgated as tables would be useful, etc. a final rule, will leave in tack the in effect. In a separate notice, ONRR is information collection requirements that 14. Public Availability of Comments seeking comments on a proposed rule to OMB already approved under OMB repeal the 2017 Valuation Rule to Control Numbers 1012–0004, 1012– Before including your address, phone maintain the status quo in which the 0005, and 1012–0010. number, email address, or other pre-existing regulations remain in effect personal identifying information in your while ONRR reconsiders whether 11. National Environmental Policy Act comment, you should be aware that changes made by the 2017 Valuation of 1969 (NEPA) your entire comment—including your Rule are needed or appropriate. This proposed rule would not personal identifying information—may DATES: You must submit your comments constitute a major Federal action, be made publicly available at any time. by May 4, 2017. While you can ask us, in your comment, significantly affecting the quality of the ADDRESSES: You may submit comments to withhold your personal identifying human environment. We are not to ONRR on this ANPRM by any of the required to provide a detailed statement information from public view, we following methods. Please reference the under NEPA because this rule qualifies cannot guarantee that we will be able to Regulation Identifier Number (RIN) for categorically exclusion under 43 do so. 1012–AA21 in your comments. CFR 46.210(i) in that this is ‘‘. . . of an List of Subjects in 30 CFR Parts 1202 • Electronically: Go to http:// administrative, financial, legal, and 1206 www.regulations.gov. In the entry titled technical, or procedural nature. . . .’’ ‘‘Enter Keyword or ID,’’ enter ‘‘ONRR– This rule also qualifies for categorically Coal, Continental shelf, Government 2017–0002,’’ then click ‘‘Search.’’ exclusion under Departmental Manual, contracts, Indian lands, Mineral Follow the instructions to submit public part 516, section 15.4.(C)(1) in that its royalties, Natural gas, Oil, Oil and gas comments. We will post all comments. impacts are limited to administrative, exploration, Public lands—mineral • Email comments to Luis Aguilar, economic, or technological effects. We resources, Reporting and recordkeeping Regulatory Specialist, at Luis.Aguilar@ also have determined that this rule is requirements. onrr.gov.

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• Hand-carry or mail comments, address. Alternatively, if the 2017 While you can ask us in your comment using an overnight courier service, to Valuation Rule is not repealed, ONRR is to withhold your personal identifying the Office of Natural Resources seeking comments as to what changes information from public review, we Revenue, Building 53, Entrance E–20, should be made to ONRR’s valuation cannot guarantee that we will be able to Denver Federal Center, West 6th Ave. regulations in 30 CFR parts 1202 and do so. and Kipling St., Denver, Colorado 1206, as amended by the 2017 Valuation III. Description of Information 80225. Rule. Please segregate comments to each Requested FOR FURTHER INFORMATION CONTACT: For of these two scenarios. Soliciting comments and involving all questions on procedural issues, contact We are interested in submission of affected stakeholders early in the Luis Aguilar, Regulatory Specialist, proposals that will lead to improved rulemaking process are the hallmarks of ONRR, at (303) 231–3418 or email to efficiencies for lessees, ONRR, and other good government and smart business [email protected]. For questions on stakeholders. In considering proposed practice. The purpose of this rulemaking technical issues, contact Michael changes to the existing Federal oil and process is to provide regulations that DeBerard, Asset Valuation, ONRR, at gas royalty valuation regulations at 30 would (1) offer greater simplicity, (303) 231–3884 or email to CFR parts 1202 and 1206, we have three certainty, clarity, and consistency in [email protected]. goals in mind, as follows: production valuation for mineral lessees • Provide clear regulations that are SUPPLEMENTARY INFORMATION: and mineral revenue recipients; (2) be understandable and consistent with I. Background easy to understand; (3) decrease fulfilling the Secretary’s responsibility The Secretary of the Interior’s industry’s cost of compliance; and (4) to ensure fair value for the public’s provide early certainty to industry, resources. authority to establish the value of • Federal oil and gas production through ONRR, and stakeholders. Provide valuation methods that are regulations is contained in the mineral II. Public Comment Procedures as efficient as practicable for lessees to leasing statutes (43 U.S.C. 1334; 30 use. ONRR is not obligated to consider • U.S.C. 189 and 359). Likewise, the Provide early certainty that correct comments that we receive after the close payment has been made. Secretary of the Interior’s authority to of the comment period for this ANPRM, establish the value of Federal and As discussed above, ONRR requests or comments that are delivered to an comments on two possible scenarios Indian coal production through address other than those listed in the regulations is contained in the Indian pending the outcome of the proposed ADDRESSES section of this notice. After rule to repeal the 2017 Valuation Rule. Mineral Leasing Act of 1938, the the comment period for this ANPRM Mineral Leasing Act, and the Mineral We recognize the outcome of the closes, ONRR will review all comment proposed rule to repeal the 2017 Leasing Act for Acquired Lands (25 submissions. Upon consideration, U.S.C. 396d; 30 U.S.C. 189 and 359). In Valuation Rule may not be known by ONRR may publish a notice of proposed the closing date of this ANPRM. addition, virtually all Federal oil and rulemaking. gas and Federal and Indian coal leases Therefore, we encourage commenters to expressly reserve to the Secretary the A. Written Comment Guidelines consider both of the two possible authority to establish the reasonable We are particularly interested in outcomes of that rulemaking when value of production or provide that the receiving comments and suggestions preparing their submissions as follows. royalty value be set by regulation. about the topics identified in section III, 1. If the 2017 Valuation Rule is The 2017 Valuation Rule addressed Description of Information Requested. repealed, ONRR requests comments Federal oil and gas and Federal and Your written comments should: (1) Be regarding whether a new rulemaking Indian coal valuation in one specific; (2) explain the reason for your would be beneficial or is necessary. If rulemaking. The 2017 Valuation Rule comments and suggestions; (3) address commenters believe that a new sought to (1) offer greater simplicity, the issues outlined in this notice; and rulemaking would be beneficial, ONRR certainty, clarity, and consistency in (4) where possible, refer to the specific requests comments regarding specific product valuation for mineral lessees provision, section, or paragraph of changes to the Federal oil and gas and and mineral revenue recipients; (2) statutory law, case law, lease term, or Federal and Indian coal valuation ensure that Indian mineral lessors existing regulations that you are regulations. receive the maximum revenues from addressing. 2. If the 2017 Valuation Rule is not coal resources on their land, consistent The comments and recommendations repealed, ONRR requests comments with the Secretary’s trust responsibility that are most useful and have greater regarding whether potential changes to and lease terms; (3) decrease lessees’ likelihood of influencing decisions on the 2017 Valuation Rule are needed. cost of compliance and ONRR’s cost to the content of a possible future Possible topics include, but are not ensure compliance; and (4) provide proposed rule are: (1) Comments and limited to: • early certainty to ONRR and recommendations supported by Whether ONRR should have one stakeholders. Whether the 2017 quantitative information or studies; and rule addressing Federal oil and gas and Valuation Rule is repealed or retained, (2) comments that include citations to, Federal and Indian coal valuation, or ONRR seeks to accomplish the goals and analyses of, the applicable laws, separate rulemakings. • outlined in that rulemaking. For lease terms, and regulations. How best to value non-arm’s-length additional information, see 81 FR coal sales and/or sales between 43338, dated July 1, 2016. B. Public Availability of Comments affiliates. This ANPRM is intended to solicit Before including your address, phone • Whether ONRR should update the comments and suggestions for two number, email address, or other valuation regulations governing non- possible scenarios. If the 2017 Valuation personal identifying information in your arm’s-length dispositions of Federal gas, Rule is repealed, ONRR seeks comments comment, you should be aware that and if so, how. regarding whether a new valuation rule your entire comment—including your • Whether ONRR should address is needed and, if so, what particular personal identifying information—may marketable condition and/or issues the new valuation rule should be made publicly available at any time. unbundling, and if so, how.

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• Whether ONRR should have a SUPPLEMENTARY INFORMATION section for COTP Key West or a designated default provision clarifying how ONRR further instructions on submitting representative. The proposed regulatory will exercise Secretarial authority to comments. text appears at the end of this determine value for royalty purposes in FOR FURTHER INFORMATION CONTACT: If document. cases where there is misconduct, breach you have questions on this proposed Notice of enforcement and suspension of duty to market, or ONRR cannot rulemaking, call or email Lieutenant of enforcement will be made by all otherwise verify value. Other potential Scott Ledee, Waterways Management appropriate means to affect the widest valuation methods or necessary changes Division Chief, Sector Key West, FL, distribution among the affected to ONRR valuation regulations. U.S. Coast Guard; telephone (305) 292– segments of the public. Such means of ONRR appreciates your participation 8768, email [email protected]. notification may include, but are not and looks forward to receiving your limited to, Broadcast Notice to Mariners, SUPPLEMENTARY INFORMATION: comments. Local Notice to Mariners, or notices on the U. S. Coast Guard Homeport Web Dated: March 30, 2017. I. Table of Abbreviations site. Amy Holley, COTP Captain of the Port Acting Assistant Secretary for Policy, CFR Code of Federal Regulations IV. Regulatory Analyses Management and Budget. DHS Department of Homeland Security FR Federal Register We developed this proposed rule after [FR Doc. 2017–06600 Filed 4–3–17; 8:45 am] NPRM Notice of proposed rulemaking considering numerous statutes and BILLING CODE 4335–30–P § Section executive orders related to rulemaking. U.S.C. United States Code Below we summarize our analyses based on a number of these statutes and DEPARTMENT OF HOMELAND II. Background, Purpose, and Legal executive orders and we discuss First SECURITY Basis Amendment rights of protestors. This proposed rule would establish Coast Guard safety zones around firework platforms, A. Regulatory Planning and Review structures or barges within the Sector Executive Orders 12866 and 13563 33 CFR Part 165 Key West COTP Zone during the direct agencies to assess the costs and benefits of available regulatory [Docket Number USCG–2016–0983] storage, preparation, and launching of fireworks. Hazards from firework alternatives and, if regulation is RIN 1625–AA00 displays include accidental discharge of necessary, to select regulatory fireworks, dangerous projectiles, and approaches that maximize net benefits. Safety Zone; Fireworks Displays, falling hot embers or other debris. The Executive Order 13563 emphasizes the Sector Key West, Florida COTP Key West has determined that importance of quantifying both costs AGENCY: Coast Guard, DHS. potential hazards associated with and benefits, of reducing costs, of fireworks are a safety concern for harmonizing rules, and of promoting ACTION: Notice of proposed rulemaking. anyone within a 500-yard radius of the flexibility. This NPRM has not been SUMMARY: The Coast Guard proposes to firework platforms, structures, or barges. designated a ‘‘significant regulatory establish safety zones for certain waters The purpose of this rulemaking is to action,’’ under Executive Order 12866. within the Sector Key West Captain of ensure the safety of vessels and the Accordingly, the NPRM has not been the Port (COTP) Zone. This action navigable waters within a 500-yard reviewed by the Office of Management would establish safety zones around radius of all firework platforms, and Budget. firework platforms, structures, or barges structures, or barges during the storage, Although this proposed rule may during the storage, preparation, and preparation, and launching of fireworks. restrict access to small portions of the launching of fireworks. The proposed The Coast Guard proposes this waterway within the Sector Key West rule is necessary to provide for the rulemaking under authority in 33 U.S.C. COTP Zone, the effect of this regulation safety of the participants, participant 1231. would not be significant for the following reasons: (1) The safety zones vessels, and the general public on the III. Discussion of Proposed Rule navigable waters of the United States would only be enforced during limited The Coast Guard proposes to establish during the fireworks displays. This time intervals while firework display safety zones on navigable waters around proposed rule would allow the Coast operations present a hazard; (2) vessels firework platforms, structures, or barges Guard to restrict persons and vessels, may be authorized to enter the regulated within the COTP Zone Key West, except those participating in the event, areas with permission of the COTP Key Florida. The safety zones would include from entering, transiting through, West or a designated representative; and all waters within a 500-yard radius of all anchoring in, or remaining within the (3) advanced notification of closures fireworks launching platforms, regulated area unless authorized by the will be made via Local Notice to structures, or barges while engaged in COTP Key West or a designated Mariners, Broadcast to Mariners, and the storage, preparation, and launching representative. We invite your the U. S. Coast Guard Homeport Web of fireworks. comments on this proposed rulemaking. site. The proposed rule seeks to enhance DATES: Comments and related material navigation safety and marine B. Impact on Small Entities must be received by the Coast Guard on environmental protection, reduce the The Regulatory Flexibility Act of or before May 4, 2017. potential for the loss of lives and 1980, 5 U.S.C. 601–612, as amended, ADDRESSES: You may submit comments property, and ensure the safety of vessel requires Federal agencies to consider identified by docket number USCG– and workers from hazards associated the potential impact of regulations on 2016–0983 using the Federal with fireworks operations in the small entities during rulemaking. The e-Rulemaking Portal at http:// regulated area. term ‘‘small entities’’ comprises small www.regulations.gov. See the ‘‘Public No vessel or person would be businesses, not-for-profit organizations Participation and Request for permitted to enter the safety zone that are independently owned and Comments’’ portion of the without obtaining permission from the operated and are not dominant in their

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fields, and governmental jurisdictions Indian tribes, or on the distribution of will consider all comments and material with populations of less than 50,000. power and responsibilities between the received during the comment period. The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes. Your comment can help shape the 605(b) that this proposed rule would not If you believe this proposed rule has outcome of this rulemaking. If you have a significant economic impact on implications for federalism or Indian submit a comment, please include the a substantial number of small entities. tribes, please contact the person listed docket number for this rulemaking, While some owners or operators of in the FOR FURTHER INFORMATION indicate the specific section of this vessels intending to transit the safety CONTACT section. document to which each comment zones may be small entities, for the applies, and provide a reason for each E. Unfunded Mandates Reform Act reasons stated in section IV.A above, suggestion or recommendation. this proposed rule would not have a The Unfunded Mandates Reform Act We encourage you to submit significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires comments through the Federal vessel owner or operator. Federal agencies to assess the effects of eRulemaking Portal at http:// If you think that your business, their discretionary regulatory actions. In www.regulations.gov. If your material organization, or governmental particular, the Act addresses actions cannot be submitted using http:// jurisdiction qualifies as a small entity that may result in the expenditure by a www.regulations.gov, contact the person and that this rule would have a State, local, or tribal government, in the in the FOR FURTHER INFORMATION significant economic impact on it, aggregate, or by the private sector of CONTACT section of this document for please submit a comment (see $100,000,000 (adjusted for inflation) or alternate instructions. ADDRESSES) explaining why you think it more in any one year. Though this We accept anonymous comments. All qualifies and how and to what degree proposed rule would not result in such comments received will be posted this rule would economically affect it. an expenditure, we do discuss the without change to http:// Under section 213(a) of the Small effects of this rule elsewhere in this www.regulations.gov and will include Business Regulatory Enforcement preamble. any personal information you have Fairness Act of 1996 (Pub. L. 104–121), F. Environment provided. For more about privacy and we want to assist small entities in the docket, you may review a Privacy understanding this proposed rule. If the We have analyzed this proposed rule Act notice regarding the Federal Docket rule would affect your small business, under Department of Homeland Management System in the March 24, organization, or governmental Security Management Directive 023–01 2005, issue of the Federal Register (70 jurisdiction and you have questions and Commandant Instruction FR 15086). concerning its provisions or options for M16475.lD, which guide the Coast Documents mentioned in this NPRM compliance, please contact the person Guard in complying with the National as being available in the docket, and all listed in the FOR FURTHER INFORMATION Environmental Policy Act of 1969 (42 public comments, will be in our online CONTACT section. The Coast Guard will U.S.C. 4321–4370f), and have made a docket at http://www.regulations.gov not retaliate against small entities that preliminary determination that this and can be viewed by following that question or complain about this action is one of a category of actions that Web site’s instructions. Additionally, if proposed rule or any policy or action of do not individually or cumulatively you go to the online docket and sign up the Coast Guard. have a significant effect on the human for email alerts, you will be notified environment. This proposed rule C. Collection of Information when comments are posted or a final involves the establishment of safety rule is published. This proposed rule would not call for zones. Normally such actions are a new collection of information under categorically excluded from further List of Subjects in 33 CFR Part 165 the Paperwork Reduction Act of 1995 review under paragraph 34(g) of Figure Harbors, Marine safety, Navigation (44 U.S.C. 3501–3520). 2–1 of Commandant Instruction (water), Reporting and recordkeeping D. Federalism and Indian Tribal M16475.lD. A preliminary requirements, Security measures, Governments environmental analysis checklist and Waterways. Categorical Exclusion Determination are For the reasons discussed in the A rule has implications for federalism available in the docket where indicated under Executive Order 13132, preamble, the Coast Guard proposes to under ADDRESSES. We seek any amend 33 CFR part 165 as follows: Federalism, if it has a substantial direct comments or information that may lead effect on the States, on the relationship to the discovery of a significant PART 165—REGULATED NAVIGATION between the national government and environmental impact from this AREAS AND LIMITED ACCESS AREAS the States, or on the distribution of proposed rule. power and responsibilities among the ■ 1. The authority citation for part 165 various levels of government. We have G. Protest Activities continues to read as follows: analyzed this proposed rule under that The Coast Guard respects the First Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Order and have determined that it is Amendment rights of protesters. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; consistent with the fundamental Protesters are asked to contact the Department of Homeland Security Delegation federalism principles and preemption person listed in the FOR FURTHER No. 0170.1. requirements described in Executive INFORMATION CONTACT section to ■ 2. Add § 165.785 to read as follows: Order 13132. coordinate protest activities so that your Also, this proposed rule does not have message can be received without § 165.785 Safety Zone; Fireworks Displays, tribal implications under Executive jeopardizing the safety or security of Sector Key West, Florida. Order 13175, Consultation and people, places, or vessels. (a) Regulated area. The following area Coordination with Indian Tribal is established as a safety zone during the Governments, because it would not have V. Public Participation and Request for specified conditions: All waters within a substantial direct effect on one or Comments the Sector Key West COTP Zone within more Indian tribes, on the relationship We view public participation as a 500-yard radius of all firework between the Federal Government and essential to effective rulemaking, and platforms, structures or barges during

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the storage, preparation, and launching Federal Register as practicable, in nitrogen oxides (NOX) and sulfur of fireworks. COTP Key West or a accordance with 33 CFR 165.7(a). Such dioxide (SO2). See 40 CFR part 60 designated representative may reduce means of notification may also include, subparts D, Da. In 2015, the EPA issued the 500-yard zone based on prevailing but are not limited to Broadcast Notice a rule that for the first time set carbon conditions and enforcement needs. to Mariners or Local Notice to Mariners. dioxide emission limits for new fossil (1) The Coast Guard realizes that some Dated: March 28, 2017. fuel-fired power plants. Standards of large scale events, such as those with Performance for Greenhouse Gas J.A. Janszen, many participants or spectators, or those Emissions From New, Modified, and that could severely restrict navigation Captain, U.S. Coast Guard, Captain of the Reconstructed Stationary Sources: Port Key West. pose a significant hazard, may still Electric Generating Units, 80 FR 64510 require separate special local [FR Doc. 2017–06595 Filed 4–3–17; 8:45 am] (October 23, 2015). Under certain regulations or safety zones that address BILLING CODE 9110–04–P circumstances, when the EPA issues the specific peculiarities of the event. In standards for new sources under Section those situations, the Coast Guard will 111(b), the EPA has the authority under create special local regulations or safety ENVIRONMENTAL PROTECTION Section 111(d), to prescribe regulations zones specifically for the event, and AGENCY under which each State is to submit a those regulations will supersede the plan to establish standards for existing proposed regulations in this rule. 40 CFR Part 60 sources in the same category. The EPA (2) All firework platforms, structures, [FRL–9961–11–OAR] relied on that authority to issue the CPP, or barges will display a sign on both the which, for the first time, required States port and starboard sides labeled, Review of the Clean Power Plan to submit plans specifically designed to ‘‘FIREWORKS—STAY AWAY’’. This limit carbon dioxide emissions from AGENCY: Environmental Protection sign will consist of 10-inch high by 1.5- existing fossil fuel-fired power plants. Agency (EPA). inch wide red lettering on a white As part of the promulgation of the CPP, background. Shore fireworks sites that ACTION: Announcement of review. EPA prepared a legal memorandum that affect navigable waterways will also SUMMARY: The U.S. Environmental supplemented the legal analysis display signs with the aforementioned Protection Agency (EPA) announces that provided by the Agency in the preamble specifications. it is reviewing and, if appropriate will to the final CPP. (b) Definition. Designated initiate proceedings to suspend, revise Due to concerns about EPA’s legal representative means Coast Guard Patrol or rescind the Clean Power Plan. authority and record, 27 States and a Commanders, including Coast Guard number of other parties sought judicial DATES: April 4, 2017. coxswains, petty officers, and other review of the CPP in the D.C. Circuit. officers operating Coast Guard vessels, FOR FURTHER INFORMATION CONTACT: Mr. State of West Virginia v. EPA, No. 15– and Federal, state, and local officers Peter Tsirigotis, Sector Policies and 1363 (and consolidated cases) (D.C. designated by or assisting the COTP Key Programs Division (D205–01), U.S. Cir.). On February 9, 2016, the Supreme West in the enforcement of the regulated Environmental Protection Agency, Court stayed implementation of the CPP area. Research Triangle Park, NC 27711; pending judicial review. Following full (c) Regulations. telephone number: (888) 627–7764; merits briefing, oral argument was held (1) In accordance with § 165.23, email address: [email protected]. before the D.C. Circuit, sitting en banc, entering, transiting through, anchoring SUPPLEMENTARY INFORMATION: By this on September 27, 2016. That case is in, or remaining within the safety zone notice, EPA announces it is reviewing currently pending in the D.C. Circuit. during periods of enforcement is the Clean Power Plan, 80 FR 64662 prohibited unless authorized by the (October 23, 2015) (CPP), including the II. Initiation of Review of CPP COTP Key West or a designated accompanying Legal Memorandum, On March 28, 2017, President Trump representative. and, if appropriate, will as soon as issued an Executive Order establishing (2) During periods of enforcement, practicable and consistent with law, a national policy in favor of energy upon being hailed by a Coast Guard initiate proceedings to suspend, revise independence, economic growth, and vessel by siren, radio, flashing light or or rescind this rule. The CPP established the rule of law. The purpose of that other means, the operator must proceed emission guidelines for state plans to Executive Order is to facilitate the as directed. limit carbon dioxide emissions from development of U.S. energy resources— (3) Vessel operators desiring to enter, existing fossil fuel-fired power plants. including oil and gas—and to reduce transit through, anchor in, or remain or unnecessary regulatory burdens operate within the regulated area during I. Background associated with the development of the enforcement period shall contact the The CPP was promulgated under those resources. The President has COTP Key West or the designated on- Section 111 of the Clean Air Act. 42 directed agencies to review existing scene representative via VHF channel U.S.C. 7411. Section 111 of the Clean regulations that potentially burden the 16 or call the Sector Key West Air Act authorizes the EPA to issue development of domestic energy Command Center at (305) 292–8727 to nationally applicable New Source resources, and appropriately suspend, obtain permission. Performance Standards (NSPS) limiting revise, or rescind regulations that (d) Notice of enforcement or air pollution from ‘‘new sources’’ in unduly burden the development of U.S. suspension of enforcement. The safety source categories that cause or energy resources beyond what is zone established by this section will be contribute to air pollution that may necessary to protect the public interest enforced only upon notice of the reasonably be anticipated to endanger or otherwise comply with the law. The Captain of the Port. The Captain of the public health or welfare. 42 U.S.C. Executive Order also directs agencies to Port will cause notice of enforcement of Section 7411(b)(1). Under this authority, take appropriate actions, to the extent the safety zone established by this the EPA had long regulated new fossil permitted by law, to promote clean air section to be made by all appropriate fuel-fired power plants to limit air and clean water while also respecting means to the affected segments of the pollution other than carbon dioxide, the proper roles of Congress and the public including publication in the including particulate matter (PM); States. This Executive Order specifically

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directs EPA to review and, if Inc., 467 U.S. 837, 857–58 (1984). This ENVIRONMENTAL PROTECTION appropriate, initiate reconsideration is true when—as is the case here— AGENCY proceedings to suspend, revise or review is undertaken ‘‘in response to rescind this Rule, including the . . . a change in administrations.’’ 40 CFR Part 60 accompanying Legal Memorandum. National Cable & Telecommunications [FRL–9961–10–OAR] Pursuant to the Executive Order, EPA Ass’n v. Brand X Internet Services, 545 is initiating its review of the CPP, U.S. 967, 981 (2005). Importantly, such Review of the Standards of including the accompanying legal a revised decision need not be based Performance for Greenhouse Gas memorandum, and providing advanced upon a change of facts or circumstances. Emissions From New, Modified, and notice of forthcoming rulemaking Rather, a revised rulemaking based ‘‘on Reconstructed Stationary Sources: proceedings consistent with the Electric Generating Units President’s policies. If EPA’s review a reevaluation of which policy would be concludes that suspension, revision or better in light of the facts’’ is ‘‘well AGENCY: Environmental Protection rescission of this Rule may be within an agency’s discretion,’’ and ‘‘[a] Agency (EPA). appropriate, EPA’s review will be change in administration brought about ACTION: Announcement of review. followed by a rulemaking process that by the people casting their votes is a will be transparent, follow proper perfectly reasonable basis for an SUMMARY: The U.S. Environmental administrative procedures, include executive agency’s reappraisal of the Protection Agency (EPA) announces that appropriate engagement with the public, costs and benefits of its programs and it is reviewing and, if appropriate, will employ sound science, and be firmly regulations.’’ National Ass’n of Home initiate proceedings to suspend, revise grounded in the law. Builders v. EPA, 682 F.3d 1032, 1038 & or rescind the Standards of Performance As part of the review of the CPP that 1043 (D.C. Cir. 2012) (citing Fox, 556 for Greenhouse Gas Emissions From EPA is initiating today, EPA will be U.S. at 514–15; quoting State Farm, 463 New, Modified, and Reconstructed reviewing the compliance dates that U.S. at 59 (Rehnquist, J., concurring in Stationary Sources: Electric Generating were set in the CPP. Under the Supreme part and dissenting in part)). Units. Court’s stay of the CPP, states and other In conducting this review, EPA will DATES: April 4, 2017. interested parties have not been FOR FURTHER INFORMATION CONTACT: required nor expected to work towards follow each of the principles and Mr. meeting the compliance dates set in the policies set forth in the Executive Order, Peter Tsirigotis, Sector Policies and CPP. Indeed, some compliance dates as consistent with EPA’s statutory Programs Division (D205–01), U.S. have passed or will likely pass while the authority. The Agency will reevaluate Environmental Protection Agency, CPP continues to be stayed. For these whether this Rule and alternative Research Triangle Park, NC 27711; reasons, the compliance dates in the approaches are appropriately grounded telephone number: (888) 627–7764; CPP will need to be re-evaluated. Once in EPA’s statutory authority and email address: [email protected]. EPA completes its review and decides consistent with the rule of law. EPA will SUPPLEMENTARY INFORMATION: By this what further action to take on the CPP, assess whether this Rule or alternative notice, EPA announces it is reviewing EPA will ensure that any and all approaches would appropriately the Standards of Performance for remaining compliance dates will be promote cooperative federalism and Greenhouse Gas Emissions From New, reasonable and appropriate in light of respect the authority and powers that Modified, and Reconstructed Stationary the Supreme Court stay of the CPP and are reserved to the states. EPA will also Sources: Electric Generating Units (New other factors. examine whether this Rule and Source Rule), 80 FR 64510 (October 23, EPA’s ability to revisit existing alternative approaches effect the 2015) and, if appropriate, will as soon regulations is well-grounded in the law. Administration’s dual goals of as practicable and consistent with law, Specifically, the agency has inherent protecting public health and welfare initiate reconsideration proceedings to authority to reconsider past decisions while also supporting economic growth suspend, revise or rescind this rule. The and to rescind or revise a decision to the and job creation. EPA will review New Source Rule established national extent permitted by law when whether this Rule or alternative emission standards to limit carbon supported by a reasoned explanation. approaches appropriately maintain the dioxide emissions from new fossil fuel- FCC v. Fox Television Stations, Inc., 556 fired power plants. diversity of reliable energy resources U.S. 502, 515 (2009) (‘‘Fox’’); Motor and encourage the production of I. Background Vehicle Manufacturers Ass’n of the United States, Inc., et al., v. State Farm domestic energy sources to achieve The New Source Rule was Mutual Automobile Insurance Co., et al., energy independence and security. promulgated under the authority of 463 U.S. 29, 42 (1983) (‘‘State Farm’’). Additionally, EPA will assess this Rule Section 111 of the Clean Air Act. 42 Moreover, the Clean Air Act itself and alternative approaches to determine U.S.C. 7411. That Section authorizes authorizes EPA to reconsider its whether they will provide benefits that EPA to issue nationally applicable New rulemakings. 42 U.S.C. 7607(b)(1), substantially exceed their costs. In Source Performance Standards (NSPS) (d)(7)(B). The Clean Air Act taking any actions subsequent to this limiting air pollution from ‘‘new complements the EPA’s inherent review, EPA will use its appropriated sources’’ in source categories that cause authority to reconsider prior funds and agency resources wisely by or contribute to air pollution that may rulemakings by providing the agency firmly grounding in the statute its reasonably be anticipated to endanger with broad authority to prescribe actions to protect public health and public health or welfare. 42 U.S.C. regulations as necessary. 42 U.S.C. welfare. Section 7411(b)(1). Under this authority, 7601(a). The authority to reconsider Dated: March 28, 2017. EPA had long regulated new fossil fuel- prior decisions exists in part because fired power plants to limit air pollution EPA’s interpretations of statutes it E. Scott Pruitt, other than carbon dioxide, including administers ‘‘are not carved in stone’’ Administrator. particulate matter (PM); nitrogen oxides but must be evaluated ‘‘on a continuing [FR Doc. 2017–06522 Filed 4–3–17; 8:45 am] (NOx) and sulfur dioxide (SO2). See 40 basis,’’ Chevron U.S.A. Inc. v. NRDC, BILLING CODE 6560–50–P CFR part 60 subparts D, Da. In the New

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Source Rule, EPA for the first time used FCC v. Fox Television Stations, Inc., 556 and encourage the production of Section 111(b) to limit carbon dioxide U.S. 502, 515 (2009) (‘‘Fox’’); Motor domestic energy sources to achieve emissions from new power plants. Vehicle Manufacturers Ass’n of the energy independence and security. Due to concerns about EPA’s legal United States, Inc., et al, v. State Farm Additionally, EPA will assess this Rule authority and record, 24 States and a Mutual Automobile Insurance Co., et al, and alternative approaches to determine number of other parties sought judicial 463 U.S. 29, 42 (1983) (‘‘State Farm’’). whether they will provide benefits that review of the New Source Rule in the Moreover, the Clean Air Act itself substantially exceed their costs. In U.S. Court of Appeals for the District of authorizes EPA to reconsider its taking any actions subsequent to this Columbia. State of North Dakota v. EPA, rulemakings. 42 U.S.C. 7607(b)(1), review, EPA will use its appropriated No. 15–1381 (and consolidated cases) (d)(7)(B). The Clean Air Act funds and agency resources wisely by (D.C. Cir.). The case has been fully complements the EPA’s inherent firmly grounding in the statute its briefed, and oral argument in the D.C. authority to reconsider prior actions to protect public health and Circuit is currently scheduled for April rulemakings by providing the agency welfare. 17, 2017. with broad authority to prescribe Dated: March 28, 2017. II. Initiation of Review of New Source regulations as necessary. 42 U.S.C. E. Scott Pruitt, 7601(a). The authority to reconsider Rule Administrator. prior decisions exists in part because On March 28, 2017, President Trump EPA’s interpretations of statutes it [FR Doc. 2017–06519 Filed 4–3–17; 8:45 am] issued an Executive Order establishing administers ‘‘are not carved in stone’’ BILLING CODE 6560–50–P a national policy in favor of energy but must be evaluated ‘‘on a continuing independence, economic growth, and basis,’’ Chevron U.S.A. Inc. v. NRDC, ENVIRONMENTAL PROTECTION the rule of law. The purpose of that Inc., 467 U.S. 837, 857–58 (1984). This Executive Order is to facilitate the AGENCY is true when—as is the case here— development of U.S. energy resources review is undertaken ‘‘in response to and to reduce unnecessary regulatory 40 CFR Part 60 . . . a change in administrations.’’ burdens associated with the National Cable & Telecommunications [FRL–9961–09–OAR] development of those resources. The Ass’n v. Brand X Internet Services, 545 President has directed agencies to Review of the 2016 Oil and Gas New U.S. 967, 981 (2005). Importantly, such review existing regulations that Source Performance Standards for a revised decision need not be based potentially burden the development of New, Reconstructed, and Modified upon a change of facts or circumstances. domestic energy resources, and Sources Rather, a revised rulemaking based ‘‘on appropriately suspend, revise, or rescind regulations that unduly burden a reevaluation of which policy would be AGENCY: Environmental Protection the development of U.S. energy better in light of the facts’’ is ‘‘well Agency (EPA). resources beyond what is necessary to within an agency’s discretion,’’ and ‘‘[a] ACTION: Announcement of review. protect the public interest or otherwise change in administration brought about SUMMARY: The U.S. Environmental comply with the law. The Executive by the people casting their votes is a Protection Agency (EPA) announces it is Order also directs agencies to take perfectly reasonable basis for an reviewing the 2016 Oil and Gas New appropriate actions, to the extent executive agency’s reappraisal of the Source Performance Standards and, if permitted by law, to promote clean air costs and benefits of its programs and and clean water while also respecting regulations.’’ National Ass’n of Home appropriate, will initiate the proper roles of Congress and the Builders v. EPA, 682 F.3d 1032, 1038 & reconsideration proceedings to suspend, States. The Executive Order specifically 1043 (D.C. Cir. 2012) (citing Fox, 556 revise or rescind this rule. directs EPA to review and, if U.S. at 514–15; quoting State Farm, 463 DATES: April 4, 2017. appropriate, initiate reconsideration U.S. at 59 (Rehnquist, J., concurring in FOR FURTHER INFORMATION CONTACT: Mr. proceedings to suspend, revise or part and dissenting in part)). Peter Tsirigotis, Sector Policies and rescind the New Source Rule. In conducting this review, EPA will Programs Division (D205–01), U.S. Pursuant to the Executive Order, EPA follow each of the principles and Environmental Protection Agency, is initiating its review of the New policies set forth in the Executive Order, Research Triangle Park, NC 27711; Source Rule and providing advanced consistent with EPA’s statutory telephone number: (888) 627–7764; notice of forthcoming rulemaking authority. The Agency will reevaluate email address: [email protected]. proceedings consistent with the whether this Rule and alternative SUPPLEMENTARY INFORMATION: The EPA President’s policies. If EPA’s review approaches are appropriately grounded announces it is reviewing the 2016 Oil concludes that suspension, revision or in EPA’s statutory authority and and Gas New Source Performance rescission of the New Source Rule may consistent with the rule of law. EPA will Standards (Rule) 81 FR 35,824 (June 3, be appropriate, EPA’s review will be assess whether this Rule or alternative 2016), and, if appropriate, will initiate followed by a rulemaking process that approaches would appropriately proceedings to suspend, revise, or will be transparent, follow proper promote cooperative federalism and rescind it. administrative procedures, include respect the authority and powers that appropriate engagement with the public, are reserved to the States. EPA will also I. Background employ sound science, and be firmly examine whether this Rule or Section 111 of the Clean Air Act grounded in the law. alternative approaches effect the authorizes the EPA to issue nationally EPA’s ability to revisit existing Administration’s dual goals of applicable New Source Performance regulations is well-grounded in the law. protecting public health and welfare Standards (NSPS) limiting air pollution Specifically, the agency has inherent while also supporting economic growth from ‘‘new sources’’ in source categories authority to reconsider past decisions and job creation. EPA will review that cause or contribute to air pollution and to rescind or revise a decision to the whether this Rule or alternative that may reasonably be anticipated to extent permitted by law when approaches appropriately maintain the endanger public health or welfare. 42 supported by a reasoned explanation. diversity of reliable energy resources U.S.C. 7411(b)(1). Under this authority,

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the EPA had regulated sulfur dioxide proper administrative procedures, powers that are reserved to the States. emissions from natural gas processing include appropriate engagement with EPA will also examine whether this and volatile organic chemicals (VOCs) the public, employ sound science, and Rule or alternative approaches effect the from a number of equipment and be firmly grounded in the law. Administration’s dual goals of operations at oil and gas facilities. 40 EPA’s ability to revisit existing protecting public health and welfare CFR part 60 subpart OOOO. In 2016, the regulations is well-grounded in the law. while also supporting economic growth EPA promulgated this Rule, which Specifically, the agency has inherent and job creation. EPA will review expanded the existing NSPS by authority to reconsider past decisions whether this Rule or alternative requiring methane reductions from and to rescind or revise a decision to the approaches appropriately maintain the previously regulated sources and extent permitted by law when diversity of reliable energy resources limiting methane and VOCs from other supported by a reasoned explanation. and encourage the production of types of new oil and gas facilities never FCC v. Fox Television Stations, Inc., 556 domestic energy sources to achieve before regulated under Section 111. U.S. 502, 515 (2009) (‘‘Fox’’); Motor energy independence and security. Several state and industry petitioners Vehicle Manufacturers Ass’n of the Additionally, EPA will assess this challenged this Rule in the U.S. Court United States, Inc., et al., v. State Farm Rule and alternative approaches to of Appeals for the District of Columbia Mutual Automobile Insurance Co., et al., determine whether they will provide alleging, inter alia, that EPA acted 463 U.S. 29, 42 (1983) (‘‘State Farm’’). benefits that substantially exceed their arbitrarily and capriciously, and in Moreover, the Clean Air Act itself costs. In taking any actions subsequent excess of statutory authority. See, e.g., authorizes EPA to reconsider its to this review, EPA will use its West Virginia v. EPA, 16–1264, State rulemakings. 42 U.S.C. 7607(b)(1), appropriated funds and agency Petitioners’ Nonbinding Statement of (d)(7)(B). The Clean Air Act resources wisely by firmly grounding in the Issues to be Raised. These cases complements the EPA’s inherent the statute its actions to protect public have been consolidated and are pending authority to reconsider prior health and welfare. before the court. Many of these parties rulemakings by providing the agency Dated: March 28, 2017. also submitted petitions for with broad authority to prescribe reconsideration of this Rule to EPA. The regulations as necessary. 42 U.S.C. E. Scott Pruitt, Agency has not yet acted on these 7601(a). The authority to reconsider Administrator. petitions. prior decisions exists in part because [FR Doc. 2017–06658 Filed 4–3–17; 8:45 am] EPA’s interpretations of statutes it BILLING CODE 6560–50–P II. Initiation of Review of This Rule administers ‘‘are not carved in stone’’ On March 28, 2017, President Trump but must be evaluated ‘‘on a continuing issued an Executive Order establishing basis,’’ Chevron U.S.A. Inc. v. NRDC, DEPARTMENT OF VETERANS a national policy in favor of energy Inc., 467 U.S. 837, 857–58 (1984). This AFFAIRS independence, economic growth, and is true when—as is the case here— the rule of law. The purpose of that review is undertaken ‘‘in response to 48 CFR Parts 816, 828 and 852 Executive Order is to facilitate the . . . a change in administrations.’’ RIN 2900–AP82 development of U.S. energy resources— National Cable & Telecommunications including oil and gas—and to reduce Ass’n v. Brand X Internet Services, 545 Revise and Streamline VA Acquisition unnecessary regulatory burdens U.S. 967, 981 (2005). Importantly, such Regulation To Adhere to Federal associated with the development of a revised decision need not be based Acquisition Regulation Principles those resources. The President has upon a change of facts or circumstances. (VAAR Case 2014–V002—Parts 816, directed agencies to review existing Rather, a revised rulemaking based ‘‘on 828) regulations that potentially burden the a reevaluation of which policy would be development of domestic energy better in light of the facts’’ is ‘‘well AGENCY: Department of Veterans Affairs. resources, and appropriately suspend, within an agency’s discretion,’’ and ‘‘[a] ACTION: Proposed rule; correction. revise, or rescind regulations that change in administration brought about SUMMARY: The Department of Veterans unduly burden the development of U.S. by the people casting their votes is a Affairs (VA) is correcting a proposed energy resources beyond what is perfectly reasonable basis for an rule regarding Federal Acquisition necessary to protect the public interest executive agency’s reappraisal of the Regulation Principles. This correction or otherwise comply with the law. The costs and benefits of its programs and addresses minor technical errors in the Executive Order also directs agencies to regulations.’’ National Ass’n of Home proposed rule. take appropriate actions, to the extent Builders v. EPA, 682 F.3d 1032, 1038 & permitted by law, to promote clean air 1043 (D.C. Cir. 2012) (citing Fox, 556 DATES: April 4, 2017. The comments and clean water while also respecting U.S. at 514–15; quoting State Farm, 463 due date remains May 12, 2017. the proper roles of Congress and the U.S. at 59 (Rehnquist, J., concurring in ADDRESSES: Written comments may be States. This Executive Order specifically part and dissenting in part)). submitted through directs EPA to review and, if In conducting this review, EPA will www.Regulations.gov; by mail or hand- appropriate, initiate proceedings to follow each of the principles and delivery to the Director, Regulation suspend, revise or rescind this Rule. policies set forth in the Executive Order, Policy and Management (00REG), Pursuant to the Executive Order, EPA consistent with the EPA’s statutory Department of Veterans Affairs, 810 is initiating its review of this Rule and authority. The Agency will reevaluate Vermont Avenue NW., Room 1068, providing advanced notice of whether this Rule or alternative Washington, DC 20420; or by fax to forthcoming rulemaking proceedings approaches are appropriately grounded (202) 273–9026. Comments should consistent with the President’s policies. in EPA’s statutory authority and indicate that they are submitted in If EPA’s review concludes that consistent with the rule of law. The EPA response to ‘‘RIN 2900–AP82–Revise suspension, revision or rescission of this will assess whether this Rule or and Streamline VA Acquisition Rule may be appropriate, EPA’s review alternative approaches would Regulation to Adhere to Federal will be followed by a rulemaking appropriately promote cooperative Acquisition Regulation Principles.’’ process that will be transparent, follow federalism and respect the authority and Copies of comments received will be

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available for public inspection in the SUPPLEMENTARY INFORMATION: VA is ‘‘803.505’’, and add in its place, Office of Regulation Policy and correcting its proposed rule, ‘‘Revise ‘‘816.505’’. and Streamline VA Acquisition Management, Room 1068, Department 852.216–74 [Corrected] of Veterans Affairs, 810 Vermont Regulation to Adhere to Federal Avenue NW., Washington, DC 20420, Acquisition Regulation Principles 4. On page 13425, in the third between the hours of 8:00 a.m. and 4:30 (VAAR Case 2014–V002—parts 816, column, remove the heading ‘‘Economic p.m. Monday through Friday (except 828)’’ that published March 13, 2017, in Price Adjustment—State Nursing Home holidays). Please call (202) 461–4902 for the Federal Register at 82 FR 13418. Care for Veterans (Alt #1)’’, and add in its place, ‘‘Economic Price an appointment. (This is not a toll-free Corrections number.) In addition, during the Adjustment—Medicaid Labor Rates (Alt 1. On page 13420, third column, List #2)’’. comment period, comments may be of Subjects revise all references to ‘‘38 viewed online through the Federal CFR’’ to read ‘‘48 CFR’’. 852.228–73 [Corrected] Docket Management System (FDMS) at 5. On page 13427, in the third 816.504 [Corrected] www.Regulations.gov. column, immediately following 2. On page 13421, second column, FOR FURTHER INFORMATION CONTACT: Mr. paragraph (d)(2) add, ‘‘(End of clause)’’. amendatory instruction 4, remove Ricky Clark, Senior Procurement ‘‘Subpart’’, and add, in its place, Janet J. Coleman Analyst, Procurement Policy and ‘‘Section’’. Chief, Office of Regulation Policy & Warrant Management Services Management, Office of the Secretary, (003A2A), 425 I Street NW., Washington 816.505 [Corrected] Department of Veterans Affairs. DC 20001, (202) 632–5276. (This is not 3. On page 13421, second column, [FR Doc. 2017–06578 Filed 4–3–17; 8:45 am] a toll-free telephone number.) amendatory instruction 5, remove BILLING CODE 8320–01–P

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Notices Federal Register Vol. 82, No. 63

Tuesday, April 4, 2017

This section of the FEDERAL REGISTER OMB Number: 0581–0251. administers mandatory domestic and contains documents other than rules or Expiration Date of Approval: import aflatoxin requirements for proposed rules that are applicable to the September 30, 2017. pistachio nuts under Pistachios Grown public. Notices of hearings and investigations, Type of Request: Extension and in California, Arizona, and New Mexico committee meetings, agency decisions and revision of a currently approved (7 CFR part 983) and Specialty Crops, rulings, delegations of authority, filing of petitions and applications and agency information collection. Import Regulations (7 CFR part 999, statements of organization and functions are Abstract: Under the Agricultural Section 999.600), respectively. All examples of documents appearing in this Marketing Act of 1946, as amended (7 domestic and import shipments of section. U.S.C. 1621–1627), AMS’ Laboratory pistachio nuts intended for human Approval Service (LAS) approves, or consumption must be tested for accredits, laboratories to perform testing aflatoxin contamination. At the request DEPARTMENT OF AGRICULTURE services in support of domestic and of the Administrative Committee for international trades. At the request of Pistachios, laboratories may also Agricultural Marketing Service industry, other Federal agencies, or participate in the program for pistachio [Doc. No. AMS–ST–17–0021] foreign governments, AMS develops and nuts destined for EU. administers laboratory approval (2) Export Program—this program Notice of Request for Extension and programs (LAPs) to verify that the ensures the testing of meat and poultry Revision of a Currently Approved analysis of food and agricultural products offered for export certification Information Collection products meet country or customer- by the Food Safety and Inspection specified requirements. LAS ensures the Service (FSIS) is conducted by qualified AGENCY: Agricultural Marketing Service, testing of products marketed is and approved laboratories. LAS USDA. conducted by qualified and approved collaborates with FSIS, the Foreign ACTION: Notice and request for laboratories. LAPs requirements include Agricultural Service, and the meat and comments. good laboratory, quality assurance and poultry industries to administer a control practices; applicable domestic flexible and comprehensive program to SUMMARY: In accordance with the and international standards (such as provide reliable analyses of pesticide Paperwork Reduction Act of 1995 (44 ISO/IEC 17025:2005); established residues, environmental contaminants, U.S.C. Chapter 35), this notice methods and accepted equipment; and veterinary drug residues, antibiotic announces the Agricultural Marketing on-site audits. Laboratories voluntarily residues, microorganisms, and parasites. Service’s (AMS) intention to request participate in the program and pay (3) Microbiological Testing for the approval, from the Office of program fees. Currently, LAS Federal Purchase Program (FPP)— Management and Budget (OMB), for an administers four overarching LAPs with testing is limited to the analysis of extension of and revision to the over 70 laboratories. aerobic plate counts, coliform counts, currently approved information The information collection includes coagulase positive Staphylococcus collection ‘‘Laboratory Approval submission of a letter of intent and aureus, generic Escherichia coli, Programs.’’ analyses related documentation. These Salmonella species, and Listeria DATES: Comments on this notice must be requirements are essential to examine monocytogenes in frozen, cooked, and received by June 5, 2017 to be assured laboratories for entrance into and diced chicken procured for the FPP. of consideration. continued participation in the following This is a new program added to the Additional Information or Comments: programs: LAPs since the last OMB information Interested persons are invited to submit (1) Aflatoxin Program—laboratories collection approval. comments on this proposal to Grace perform aflatoxin testing in support of (4) Any additional programs which Vaillant, Laboratory Approval and domestic and/or export trade of may be requested in the future to Testing Division, Science and almonds, peanuts, and pistachio nuts. facilitate the marketing of U.S. Technology, Agricultural Marketing (a) Almond. At the request of the agricultural products. Service, U.S. Department of Agriculture, Almond Board of California (ABC), All LAPs will follow the similar 1400 Independence Avenue SW., Stop AMS administers the program for general procedures. Applicants would 0272, Washington, DC 20250–0272; aflatoxin testing of almonds destined for submit a letter of intent, provide related Phone 202–690–0621, Fax 202–720– export to the European Union (EU) documentation on analyses they intend 4631. Comments should be submitted in through the Pre-Export Certification to perform, participate in proficiency triplicate. Comments may also be program of ABC. (b) Peanuts. AMS testing (PT) sample analyses, and be submitted electronically through http:// administers Minimum Quality and audited by AMS auditors. The time www.regulations.gov. All comments Handling Standards for Domestic and required for information collection will should reference the docket number and Imported Peanuts Marketed in the depend on the complexity of the page number of this issue of the Federal United States (7 CFR 996 Parts 996.1— methodology and the time necessary to Register. All comments received will be 996.75). The regulation requires perform the analysis. The burden hours made available for public inspection at domestically marketed peanuts for incurred for these laboratories to submit the above address during regular human consumption to be analyzed for the initial letter requesting entrance and business hours and may be viewed at aflatoxin by a USDA or USDA-approved completion of analyses documentation http://www.regulations.gov. laboratory. AMS consults with the is a one-time occurrence. Once a SUPPLEMENTARY INFORMATION: Peanut Standards Board on program laboratory is accepted into the program, Title: Laboratory Approval Programs. requirements. (c) Pistachio Nuts. AMS the information collection burden will

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decrease and will be based on the DEPARTMENT OF AGRICULTURE Act (FMIA) (21 U.S.C. 601) and the number of PT samples analyzed by the Poultry Products Inspection Act (PPIA) laboratory throughout the year in order Submission for OMB Review; (21 U.S.C. 451). These statutes mandate to maintain its program status. Comment Request that FSIS protect the public by verifying that meat and poultry products are safe, Form ST–212 (Alternate Payment March 30, 2017. Form) is an option applicant/approved wholesome, unadulterated, and The Department of Agriculture has properly labeled and packaged. FSIS has laboratories may use to pay for submitted the following information participation in AMS LAPs. Interested established requirements applicable to collection requirement(s) to OMB for meat and poultry establishments parties can obtain a copy of the form review and clearance under the (ST–212) by calling or writing to the designed to reduce the occurrence and Paperwork Reduction Act of 1995, numbers of pathogenic microorganisms point of contact listed above. Public Law 104–13. Comments are on meat and poultry products, reduce Estimate of Burden: Public reporting requested regarding (1) whether the the incidence of foodborne illness burden for this collection of information collection of information is necessary associated with the consumption of is estimated to average 10.94 hours per for the proper performance of the those products, and provide a new response. functions of the agency, including framework for modernization of the whether the information will have Respondents: Laboratories. current system of meat and poultry practical utility; (2) the accuracy of the Estimated Number of Respondents: inspection. agency’s estimate of burden including Need and Use of the Information: 56. the validity of the methodology and FSIS will collect information to ensure Estimated Total Annual Responses: assumptions used; (3) ways to enhance that (1) establishments have developed 380. the quality, utility and clarity of the and maintained an standard operating information to be collected; and (4) Estimated Number of Responses per plan for sanitation that is used by ways to minimize the burden of the Respondent: 7. inspection personnel in performing collection of information on those who monitoring regulations; (2) Estimated Total Annual Burden on are to respond, including through the establishments have developed written Respondents: 4,157.30. use of appropriate automated, procedures outlining specimen Comments are invited on: (1) Whether electronic, mechanical, or other collection and handling for E.coli the proposed collection of information technological collection techniques or process control verification testing; (3) is necessary for the proper performance other forms of information technology. establishments developed written of the functions of the agency, including Comments regarding this information HAACP plans; (4) establishments will whether the information will have collection received by May 4, 2017 will keep records for measurements during practical utility; (2) the accuracy of the be considered. Written comments slaughter and processing, corrective agency’s estimate of the burden of the should be addressed to: Desk Officer for action, verification check results, and proposed collection of information Agriculture, Office of Information and related activities that contain the including completion of analyses Regulatory Affairs, Office of identify of the product, the product related documentation; (3) ways to Management and Budget (OMB), New code or slaughter production lot, and enhance the quality, utility, and clarity Executive Office Building, 725—17th the date the record was made; (5) of the information to be collected; and Street NW., Washington, DC 20502. establishments may have prerequisite (4) ways to minimize the burden of the Commenters are encouraged to submit programs that are designed to provide their comments to OMB via email to: collection of information on those who _ the basic environmental and operating are to respond, including the use of OIRA [email protected] or conditions necessary for the production appropriate automated, electronic, fax (202) 395–5806 and to Departmental of safe, wholesome food; and (6) mechanical, or other technological Clearance Office, USDA, OCIO, Mail establishment maintain and are able to collection techniques or other forms of Stop 7602, Washington, DC 20250– supply upon request the following information technology. Comments may 7602. Copies of the submission(s) may information concerning the suppliers of be sent to Grace Vaillant, Laboratory be obtained by calling (202) 720–8958. source materials; the name, point of An agency may not conduct or Approval and Testing Division, Science contact, and phone number for the sponsor a collection of information and Technology, Agricultural Marketing establishment supplying the source unless the collection of information Service, U.S. Department of Agriculture, materials for the lot of ground beef displays a currently valid OMB control 1400 Independence Avenue SW., Stop sampled; and the supplier lot numbers, number and the agency informs 0272, Washington, DC 20250–0272; production dates, and other information potential persons who are to respond to Phone 202–690–0621, Fax 202–720– that would be useful to know about the collection of information that such 4631. All comments received will be suppliers. persons are not required to respond to available for public inspection during Description of Respondents: Business the collection of information unless it regular business hours at the same or other for-profit. displays a currently valid OMB control address. Number of Respondents: 6,087. number. Frequency of Responses: All responses to this notice will be Food Safety and Inspection Service Recordkeeping; Reporting: On occasion; summarized and included in the request Other (daily). for OMB approval. All comments will Title: Sanitation SOP’s Pathogen Total Burden Hours: 7,045,283. become a matter of public record. Reduction/Hazard Analysis and Critical Food Safety and Inspection Service Dated: March 30, 2017. Control Point (HACCP). OMB Control Number: 0583–0103. Title: Procedures for the Notification Bruce Summers, Summary of Collection: The Food of New Technology. Acting Administrator, Agricultural Marketing Safety and Inspection Service (FSIS) has OMB Control Number: 0583–0127. Service. been delegated the authority to exercise Summary of Collection: The Food [FR Doc. 2017–06641 Filed 4–3–17; 8:45 am] the functions of the Secretary as Safety and Inspection Service (FSIS) has BILLING CODE 3410–02–P provided in the Federal Meat Inspection been delegated the authority to exercise

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the functions of the Secretary as sectors, about the successes and personally efficient methods to meet provided in the Federal Meat Inspection challenges of the current ADT requirements to move their livestock Act (FMIA) (21 U.S.C. 601 et seq.), the framework and provide a venue for the between States. Poultry Products Inspection Act (PPIA) exchange of ideas about ways to These meetings will let APHIS hear (21 U.S.C. 451 et seq.), and the Egg overcome these challenges and fill gaps from the public about the successes and Products Inspection Act (EPIA) (21 in the existing system. challenges of the current ADT U.S.C. 1031 et seq.). These statutes DATES: The meetings will be held on framework and let attendees brainstorm mandate that FSIS protect the public by April 11, 13, and 20 and May 2, 4, 11, ensuring that meat and poultry products ideas about overcoming these challenges and 24, 2017, from 8 a.m. to 3 p.m. and finding ways to fill gaps in the are safe, wholesome, unadulterated, and (local time) each day. We will accept existing system. Although APHIS is properly labeled and packaged. FSIS written statements regarding the ADT especially interested during these established flexible procedures to system until May 31, 2017. sessions to hear from cattle and bison actively encourage the development and ADDRESSES: The public meetings will be industry members, we welcome use of new technologies in meat and held in the following locations: participation from all members of the poultry establishments and egg products • April 11: Tower Hotel Oklahoma public. plants. These procedures facilitate City, 3233 Northwest Expressway, notification to the Agency of any new Oklahoma City, OK. Each meeting will start with an technology that is intended for use in • April 13: USDA Center at Riverside, overview of the basic principles of ADT meat and poultry establishments and 4700 River Road, Riverdale, MD. and progress made to date given by egg products plants so that the Agency • April 20: Renaissance Nashville APHIS employees and a panel of State can decide whether the new technology Hotel, 611 Commerce Street, Nashville, and industry representatives. A requires a pre-use review. A pre-use TN. comment/question and answer session review often includes an in-plant trail. • May 2: Embassy Suites Minneapolis will follow. After a break for lunch, Need and Use of the Information: Airport, 7901 34th Avenue South, attendees will split off into breakout FSIS will collect information to Bloomington, MN. sessions to discuss challenge areas and determine if a pre-use review is needed, • May 4: Doubletree by Hilton come up with solutions. The entire FSIS will request that the firm submit a Denver, 3203 Quebec Street, Denver, protocol for an in-plant trial of the new group will reconvene to receive the CO. highlights of the breakout sessions, and technology. The firm then must submit • May 11: Sacramento Marriott the meeting will end after some a protocol that is designed to collect Rancho Cordova, 11211 Point East discussion of next steps and closing relevant data to support the use of the Drive, Rancho Cordova, CA. new technology. To not collect this • May 24: Hilton Garden Inn Billings, remarks. information would reduce the 2465 Grant Road, Billings, MT. If you are planning to attend a effectiveness of the meat, poultry, and You may also submit written meeting, we ask that you register in egg products inspection program. statements using one of the following advance by visiting http:// Description of Respondents: Business methods: www.aphis.usda.gov/animal-health/adt- or other for-profit. • Federal eRulemaking Portal: Go to meeting-registrations. Same-day Number of Respondents: 210. http://www.regulations.gov/ registration will also be available at each Frequency of Responses: #!docketDetail;D=APHIS-2017-0016. meeting site. If you require special • Recordkeeping; Reporting: On occasion. Postal Mail/Commercial Delivery: accommodations, such as a sign Total Burden Hours: 12,800. Send your comment to Docket No. language interpreter, please call or write Ruth Brown, APHIS–2017–0016, Regulatory Analysis the individual listed under FOR FURTHER and Development, PPD, APHIS, Station Departmental Information Collection INFORMATION CONTACT. Written Clearance Officer. 3A–03.8, 4700 River Road, Unit 118, statements about the current ADT Riverdale, MD 20737–1238. [FR Doc. 2017–06582 Filed 4–3–17; 8:45 am] system may be filed at the meetings or FOR FURTHER INFORMATION CONTACT: Dr. BILLING CODE 3410–DM–P by using one of the methods described Sunny Geiser-Novotny, Cattle Health under ADDRESSES above. Staff/ADT Veterinarian, Surveillance, For the April 13, 2017, meeting in DEPARTMENT OF AGRICULTURE Preparedness, and Response Services, VS, APHIS, 2150 Centre Avenue, Riverdale, MD, picture identification Animal and Plant Health Inspection Building B, Mailstop 3E13, Room 3E97, will be required to gain access to the Service Fort Collins, CO 80526, (970) 494–7372. USDA Center at Riverside. Free parking SUPPLEMENTARY INFORMATION is available next to the building. The [Docket No. APHIS–2017–0016] : The Animal and Plant Health Inspection nearest Metro station is the College Park station on the Green Line, which is Animal Disease Traceability System; Service (APHIS) plans to hold public within walking distance (about 2⁄3 of a Public Meetings meetings to receive input, particularly from the cattle and bison sectors, on mile). For the May 4, 2017, meeting in AGENCY: Animal and Plant Health enhancing the current Animal Disease Denver, CO, there will be a free hotel Inspection Service, USDA. Traceability (ADT) system. The original shuttle to and from Denver International ACTION: Notice of public meetings. ADT framework, as described in the Airport. January 6, 2013, final rule 1 establishing Done in Washington, DC, this 30th day of SUMMARY: This is to inform the public of the program, provided specific March 2017. upcoming meetings regarding the performance requirements for an Jere L. Dick, Animal Disease Traceability (ADT) intentionally flexible ADT system. This system. These regional meetings will let let States and individual producers use Acting Administrator, Animal and Plant the Animal and Plant Health Inspection Health Inspection Service. [FR Doc. 2017–06639 Filed 4–3–17; 8:45 am] Service hear from the public, 1 See https://www.regulations.gov/ particularly from the cattle and bison docket?D=APHIS-2009-0091. BILLING CODE 3410–34–P

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DEPARTMENT OF AGRICULTURE For information concerning the license was issued. Although only a regulatory review period determination portion of a regulatory review period Animal and Plant Health Inspection contact Dr. Patricia L. Foley, Center for may count toward the actual amount of Service Veterinary Biologics, Policy, Evaluation, extension that the Commissioner of [Docket No. APHIS–2016–0115] and Licensing, VS, APHIS, 1920 Dayton Patents and Trademarks may award, Avenue, P.O. Box 844, Ames, IA 50010; APHIS’ determination of the length of a Determination of Regulatory Review (515) 337–6100. regulatory review period for a veterinary Period for Purposes of Patent SUPPLEMENTARY INFORMATION: The biologic will include all of the testing Extension; Lawsonia Intracellularis provisions of 35 U.S.C. 156, ’’ Extension phase and approval phase as specified Bacterin Vaccine of patent term,’’ provide, generally, that in 35 U.S.C. 156(g)(5)(B). a patent for a product may be extended APHIS recently licensed for AGENCY: Animal and Plant Health production and marketing the veterinary Inspection Service, USDA. for a period of up to 5 years as long as the patent claims a product that, among biologic Lawsonia Intracellularis ACTION: Notice. other things, was subject to a regulatory Bacterin Vaccine. Subsequent to this approval, the Patent and Trademark SUMMARY: We are advising the public review period before its commercial Office received a patent term restoration that the Animal and Plant Health marketing or use. (The term ‘‘product’’ application for Lawsonia Intracellularis Inspection Service has determined the is defined in that section as ‘‘a drug Bacterin Vaccine (U.S. Patent No. regulatory review period for Lawsonia product’’ [which includes veterinary 5,610,059) from Intervet Inc., a Intracellularis Bacterin Vaccine and is biological products] or ‘‘any medical subsidiary of Merck Animal Health, and publishing this notice of that device, food additive, or color additive the Patent and Trademark Office determination as required by law. We subject to regulation under the Federal requested APHIS’ assistance in have made this determination in Food, Drug, and Cosmetic Act.’’) A determining this patent’s eligibility for response to the submission of an product’s regulatory review period patent term restoration. In a letter dated application to the Commissioner of forms the basis for determining the February 19, 2016, APHIS advised the Patents and Trademarks, Department of amount of extension an applicant may Patent and Trademark Office that this Commerce, for the extension of a patent receive. veterinary biologic had undergone a that claims that veterinary biologic. The regulations in 9 CFR part 124, regulatory review period and that the DATES: We will consider all requests for ‘‘Patent Term Restoration’’ (referred to approval of Lawsonia Intracellularis revision of the regulatory review period below as the regulations), set forth Bacterin Vaccine represented the first determination that we receive on or procedures and requirements for the permitted commercial licensing or use before May 4, 2017. We will consider all Animal and Plant Health Inspection of the product. Subsequently, the Patent due diligence petitions that we receive Service’s (APHIS’) review of and Trademark Office requested that on or before October 2, 2017. applications for the extension of the APHIS determine the product’s ADDRESSES: You may submit revision term of certain patents for veterinary regulatory review period. requests and due diligence petitions by biological products pursuant to 35 APHIS has determined that the either of the following methods: U.S.C. 156. As identified in the applicable regulatory review period for • Federal eRulemaking Portal: Go to regulations, the responsibilities of Lawsonia Intracellularis Bacterin http://www.regulations.gov/ APHIS include: Vaccine is 1,544 days. Of this time, 186 • #!docketDetail;D=APHIS-2016-0115. Assisting Patent and Trademark days occurred during the testing phase • Postal Mail/Commercial Delivery: Office of the U.S. Department of of the regulatory review period, and Please send your request or petition to Commerce in determining eligibility for 1,358 days occurred during the approval Docket No. APHIS–2016–0115, patent term restoration; phase. These periods were derived from • Regulatory Analysis and Development, Determining the length of a the following dates: PPD, APHIS, Station 3A–03.8, 4700 product’s regulatory review period; 1. The date that APHIS started • River Road Unit 118, Riverdale, MD If petitioned, reviewing and ruling confirmatory testing on the master seed 20737–1238. on due diligence challenges to APHIS’ for use in products containing Lawsonia A copy of the regulatory review regulatory review period intracellularis: June 20, 2011. APHIS period determination and any revision determinations; and has verified the applicant’s claim that • requests or due diligence petitions that Conducting hearings to review the master seed to be used in the we receive on this determination may be initial APHIS findings on due diligence Lawsonia Intracellularis Bacterin viewed at http://www.regulations.gov/ challenges. Vaccine was first put on test by APHIS #!docketDetail;D=APHIS-2016-0115 or The regulations are designed to be on June 20, 2011. in our reading room, which is located in used in conjunction with regulations 2. The date the application for a room 1141 of the USDA South Building, issued by the Patent and Trademark license was initially submitted for 14th Street and Independence Avenue Office concerning patent term approval under the Virus-Serum-Toxin SW., Washington, DC. Normal reading extension, which may be found at 37 Act: December 23, 2011. APHIS has room hours are 8 a.m. to 4:30 p.m., CFR 1.710 through 1.791. verified the applicant’s claim that the Monday through Friday, except A regulatory review period consists of application was initially submitted on holidays. To be sure someone is there to two periods of time: A testing phase and December 23, 2011. help you, please call (202) 799–7039 an approval phase. For veterinary 3. The date the license was issued: before coming. biologics, the testing phase begins on September 11, 2015. APHIS has verified FOR FURTHER INFORMATION CONTACT: Dr. the date the authorization to prepare an the applicant’s claim that the license for Donna Malloy, Operational Support experimental veterinary biologic became the commercial marketing of the vaccine Section, Center for Veterinary Biologics, effective and runs until the approval was issued on September 11, 2015. Policy, Evaluation, and Licensing, VS, phase begins. The approval phase This determination of the regulatory APHIS, 4700 River Road Unit 148, begins on the date an application for a review period establishes the maximum Riverdale, MD 20737–1231; (301) 851– license was initially submitted for potential length of a patent extension. 3426. approval and ends on the date such However, the Patent and Trademark

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Office applies several statutory implement certain types of surveys and Type of Request: Extension with a limitations in its calculations of the related collection of information. FSA revision. actual period for patent extension. In its uses the approval to cover the Abstract: FSA program staff have application for patent extension, this instruments of collection (such as a created several feedback instruments applicant seeks 1,544 days of patent survey, a window pop-up survey, a (customer surveys) and submitted them term extension. focus group, or a comment card), which to the FSA information collection Section 124.22 of the regulations are designed to get customer feedback coordinator for approval under the provides that any interested person may on FSA service delivery for various current approved information collection request a revision of the regulatory programs. This request for approval of 0560–0286, Generic Clearance for the review period determination within 30 broadly addresses FSA’s need for Collection of Qualitative Customer days of the date of this notice (see DATES information about what our customers Feedback on Farm Service Agency above). The request must specify the think of our services so that we can Service Delivery. FSA program staff following: improve service delivery; specific continue to use the fast track approval • The identity of the product; information collection activities will be to submit a new customer instruments • The identity of the applicant for incorporated into the approval as the to the FSA information collection patent term restoration; need for the information is identified. coordinator for approval, which takes • The docket number of this notice; For example, when we implement a less time rather than going through a and new program and provide information regular Paperwork Reduction Act • The basis for the request for about the services for the program on process. As a result, program staff are revision, including any documentary our Web site, we may provide a able to quickly implement certain types evidence. voluntary customer service of surveys and related collection of Further, under § 124.30 of the questionnaire about how well the information using OMB control number regulations, any interested person may program is working for our customers, of 0560–0286. For example, when we file a petition with APHIS, no later than specifically within the area of customer implement a new program and provide 180 days after the date of this notice (see service. FSA is requesting to increase information about the programs on our DATES above), alleging that a license the number of respondents in the fast Web site, FSA may provide a voluntary applicant did not act with due diligence track approval due to an anticipated customer service questionnaire about in seeking APHIS approval of the increase in the number of customer how well the program is working for our product during the regulatory review respondents responding to customer customers, specifically within the area period. The filing, format, and content service surveys that will be sent to a of customer service. The information of a petition must be as described in the broader scope and greater number of collection provides a means to gather regulations in ‘‘Subpart D–Due FSA customers. qualitative customer and stakeholder Diligence Petitions’’ (§§ 124.30 through feedback in an efficient, timely manner DATES: 124.33). We will consider comments that that is consistent with FSA’s we receive by June 5, 2017. Authority: 35 U.S.C. 156; 7 CFR 2.22, 2.80, commitment to improving service ADDRESSES: and 371.4. We invite you to submit delivery. By qualitative feedback, we comments on this notice. In your mean information, generally from Done in Washington, DC, this 30th day of comments, include the date, volume, customers, that provides useful insights March 2017. and page number of this issue of the on perceptions and opinions based on Jere L. Dick, Federal Register, the OMB control experiences with FSA service delivery. Acting Administrator, Animal and Plant number and the title of the information Such information does not include Health Inspection Service. collection. You may submit comments statistical surveys that yield quantitative [FR Doc. 2017–06640 Filed 4–3–17; 8:45 am] by any of the following methods: results that can be generalized to the BILLING CODE 3410–34–P • Federal eRulemaking Portal: Go to population. The qualitative feedback http://www.regulations.gov. Follow the will: online instructions for submitting • Provide insights into customer or DEPARTMENT OF AGRICULTURE comments. stakeholder perceptions, experiences, • and expectations, Farm Service Agency Mail: Mary Ann Ball, USDA, Farm Service Agency, Room 3754–S, 1400 • Provide an early warning of issues Independence Ave SW., Washington, with service, and Information Collection Request; • Generic Clearance for the Collection of DC 20250–0572. Focus attention on areas where Qualitative Customer Feedback on the You may also send comments to the communication, training, or changes in Farm Service Agency Service Delivery Desk Officer for Agriculture, Office of operations might improve delivery of Information and Regulatory Affairs, products or services. AGENCY: Farm Service Agency, USDA. Office of Management and Budget, The collection will allow for ongoing, ACTION: Notice; request for comments. Washington, DC 20503. collaborative, and actionable Copies of the information collection communication between FSA and its SUMMARY: In accordance with the instruments may be requested by customers and stakeholders. It will also Paperwork Reduction Act of 1995, the contacting Mary Ann Ball at the above allow feedback to contribute directly to Farm Service Agency (FSA) is address. the improvement of program requesting comments from all interested management. individuals and organizations on an FOR FURTHER INFORMATION CONTACT: The solicitation of feedback will target extension with a revision of a currently Mary Ann Ball, (202) 720–4283. areas such as: Timeliness, approved information collection SUPPLEMENTARY INFORMATION: appropriateness, accuracy of associated with the Generic Clearance Title: Generic Clearance for the information, courtesy, efficiency of for the Collection of Qualitative Collection of Qualitative Customer service delivery, and resolution of Customer Feedback on FSA Service Feedback on Farm Service Agency issues with service delivery. Responses Delivery. This option is a fast track for Service Delivery. will be assessed to plan and inform approval to streamline the timing to OMB Control Number: 0560–0286. efforts to improve or maintain the

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quality of service offered to the public. information under this notice is in Rapid City, South Dakota. The Board If this information is not collected, vital estimated to average 30 minutes (0.50 is established consistent with the feedback from customers and hours) per response, including the time Federal Advisory Committee Act of stakeholders on FSA’s services will be for reviewing instructions, searching 1972 (5 U.S.C. App. II), the Forest and unavailable. existing data sources, gathering and Rangeland Renewable Resources FSA will only submit a collection for maintaining the data needed, and Planning Act of 1974 (16 U.S.C. 1600 et. approval under this generic clearance if completing and reviewing the collection seq.), the National Forest Management it meets the following conditions: of information. Act of 1976 (16 U.S.C. 1612), and the • The collections are voluntary; Respondents: Individuals and Federal Public Lands Recreation • The collections are low-burden for Households; Businesses; Organizations; Enhancement Act (Pub. L. 108–447). respondents (based on considerations of and State, Local, or Tribal government. Additional information concerning the total burden hours, total number of Estimated Number of Respondents: Board, including the meeting summary/ respondents, or burden-hours per 600,000. minutes, can be found by visiting the respondent) and are low-cost for both Estimated Annual Number of Board’s Web site at: http:// the respondents and the Federal Responses per Respondent: 1. www.fs.usda.gov/main/blackhills/ Government; Estimated Total Annual Responses: workingtogether/advisorycommittees. • The collections are non- 600,000. DATES: The meeting will be held on controversial and do not raise issues of Estimated Average Time per Response: 30 minutes (0.50 hours). Wednesday, April 19, 2017, at 1:00 p.m. concern to other Federal agencies; All meetings are subject to • The collections are targeted to the Estimated Total Annual Burden Hours on Respondents: 300,000 hours. cancellation. For updated status of solicitation of opinions from meeting prior to attendance, please respondents who have experience with We are requesting comments on all contact the person listed under FOR the program or may have experience aspects of this information collection to FURTHER INFORMATION CONTACT. with the program in the near future; help us to: • Personally identifiable information (1) Evaluate whether the proposed ADDRESSES: The meeting will be held at (PII) is collected only to the extent collection of information is necessary the Forest Service Center, 8221 Mount necessary and is not retained; for the proper performance of the Rushmore Road, Rapid City, South • Information gathered will be used functions of the agency, including Dakota. only internally for general service whether the information will have Written comments may be submitted improvement and program management practical utility; as described under SUPPLEMENTARY (2) Evaluate the accuracy of the purposes and is not intended for release INFORMATION. All comments, including agency’s estimate of the burden of the outside of FSA; names and addresses, when provided, • Information gathered will not be collection of information including the are placed in the record and available used for the purpose of substantially validity of the methodology and for public inspection and copying. The informing influential policy decisions; assumptions used; public may inspect comments received (3) Evaluate the quality, utility, and and at the Black Hills National Forest clarity of the information technology; • Information gathered will yield Supervisor’s Office. Please call ahead to and qualitative information; the collections facilitate entry into the building. (4) Minimize the burden of the will not be designed or expected to FOR FURTHER INFORMATION CONTACT: information collection on those who yield statistically reliable results or used Scott Jacobson, Committee Coordinator, respond through the use of appropriate as though the results are generalizable to by phone at 605–440–1409 or by email automated, electronic, mechanical, or the population of study. at [email protected]. other technological collection As a general matter, information Individuals who use techniques or other forms of information collections will not result in any new telecommunication devices for the deaf technology. system of records containing privacy All comments received in response to (TDD) may call the Federal Information information and will not ask questions this notice, including names and Relay Service (FIRS) at 1–800–877–8339 of a sensitive nature, such as religious addresses where provided, will be made between 8:00 a.m. and 8:00 p.m., beliefs, sexual behavior and attitudes, a matter of public record. Comments Eastern Standard Time, Monday and other matters that are commonly will be summarized and included in the through Friday. considered private. request for OMB approval of the SUPPLEMENTARY INFORMATION: The The estimated total annual burden information collection. purpose of the meeting is to provide: hours are being amended due to an (1) Annual Ethics Training; increase in the number of FSA Chris P. Beyerhelm, (2) Black Hills Resilient Landscapes customers that will respond to the Acting Administrator, Farm Service Agency. (BHRL) Project update; customer survey, which therefore [FR Doc. 2017–06594 Filed 4–3–17; 8:45 am] (3) 2016 Forest Health Report; increased the information collection BILLING CODE 3410–05–P (4) Black Hills Invasive Plant requirements. Annual responses have Partnership presentation; increased by 590,000, with a resulting (5) Non-motorized Trails—Working increase of 295,000 burden hours in the DEPARTMENT OF AGRICULTURE Group update; request. (6) Recreation Site Analysis (RSA)— For the following estimated total Forest Service Working Group update; annual burden on respondents, the (7) Fire Season Outlook—2017; formula used to calculate the total Black Hills National Forest Advisory (8) Orientation Topic—Road burden hours is the estimated average Board Maintenance; and time per response multiplied by the AGENCY: Forest Service, USDA. (9) Election update—Chairman/Vice estimated total annual number of ACTION: Notice of meeting. Chairman. responses. The meeting is open to the public. Estimate of Average Time to Respond: SUMMARY: The Black Hills National The agenda will include time for people Public reporting burden for collecting Forest Advisory Board (Board) will meet to make oral statements of three minutes

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or less. Individuals wishing to make an to attendance, please contact the person Dated: March 13, 2017. oral statement should submit a request listed under FOR FURTHER INFORMATION Jeanne M. Higgins, in writing by April 10, 2017, to be CONTACT. Acting Associate Deputy Chief, National scheduled on the agenda. Anyone who Forest System. ADDRESSES: The meeting will be held at would like to bring related matters to the Forest Service Regional Office [FR Doc. 2017–06655 Filed 4–3–17; 8:45 am] the attention of the Board may file building, Conference room 541A, 709 BILLING CODE 3411–15–P written statements with the Board’s staff West 9th Street, Juneau, Alaska. before or after the meeting. Written Participants who would like to attend comments and time requests for oral by teleconference please contact the COMMISSION ON CIVIL RIGHTS comments must be sent to Scott person listed under FOR FURTHER Jacobson, Black Hills National Forest INFORMATION CONTACT. Agenda and Notice of Public Meeting Supervisor’s Office, 1019 North Fifth of the Delaware Advisory Committee Written comments may be submitted Street, Custer, South Dakota 57730; by as described under SUPPLEMENTARY email to [email protected], or via AGENCY: Commission on Civil Rights. INFORMATION. All comments, including facsimile to 605–673–9208. ACTION: Announcement of monthly Meeting Accommodations: If you are names and addresses when provided, planning meetings. a person requiring reasonable are placed in the record and are accommodation, please make requests available for public inspection and SUMMARY: Notice is hereby given, in advance for sign language copying. The public may inspect pursuant to the provisions of the rules interpreting, assistive listening devices, comments received at the Admiralty and regulations of the U.S. Commission or other reasonable accommodation for National Monument. Please call ahead on Civil Rights (Commission), and the access to the facility or proceedings by to facilitate entry into the building. Federal Advisory Committee Act contacting the person listed in the FOR FURTHER INFORMATION CONTACT: (FACA), that a planning meeting of the section titled FOR FURTHER INFORMATION Lydia Mills, RAC Coordinator, by phone Delaware State Advisory Committee to CONTACT. All reasonable at 907–789–6216 or via email at the Commission will convene by accommodation requests are managed [email protected]. conference call, on Monday, April 17 at on a case by case basis. Individuals who use 4:00 p.m. (EDT). The purpose of the telecommunication devices for the deaf meeting is to make preparations for a Dated: March 13, 2017. (TDD) may call the Federal Information briefing meeting on Policing and Jeanne M. Higgins, Relay Service (FIRS) at 1–800–877–8339 Implicit Bias in Delaware. Acting Associate Deputy Chief, National between 8:00 a.m. and 8:00 p.m., DATES: Monday, April 17, 2017, at 4:00 Forest System. Eastern Standard Time, Monday p.m. (EDT). [FR Doc. 2017–06654 Filed 4–3–17; 8:45 am] through Friday. Public Call-In Information: BILLING CODE 3411–15–P SUPPLEMENTARY INFORMATION: The Conference call number: 1–888–737– purpose of the meeting is to: 3705 and conference call ID: 5272563#. DEPARTMENT OF AGRICULTURE 1. Review proposed projects, and FOR FURTHER INFORMATION CONTACT: Ivy 2. Allocate funds to approved L. Davis, at [email protected] or by phone Forest Service projects. at 202–376–7533 The meeting is open to the public. SUPPLEMENTARY INFORMATION: Interested Lynn Canal-Icy Strait Resource The agenda will include time for people members of the public may listen to the Advisory Committee to make oral statements of three minutes discussion by calling the following toll- AGENCY: Forest Service, USDA. or less. Individuals wishing to make an free conference call number: 1–888– oral statement should request in writing 737–3705 and conference call ID: ACTION: Notice of meeting. by April 19, 2017, to be scheduled on 5272563#. Please be advised that before SUMMARY: The Lynn Canal-Icy Strait the agenda. Anyone who would like to placing them into the conference call, Resource Advisory Committee (RAC) bring related matters to the attention of the conference call operator may ask will meet in Juneau, Alaska. The the committee may file written callers to provide their names, their committee is authorized under the statements with the committee staff organizational affiliations (if any), and Secure Rural Schools and Community before or after the meeting. Written email addresses (so that callers may be Self-Determination Act (the Act) and comments and requests for time to make notified of future meetings). Callers can operates in compliance with the Federal oral comments must be sent to Lydia expect to incur charges for calls they Advisory Committee Act. The purpose Mills, RAC Coordinator, Admiralty initiate over wireless lines, and the of the committee is to improve National Monument, 8510 Mendenhall Commission will not refund any collaborative relationships and to Loop Road, Juneau, Alaska 99801; by incurred charges. Callers will incur no provide advice and recommendations to email to [email protected], or via charge for calls they initiate over land- the Forest Service concerning projects facsimile to 907–586–8808. line connections to the toll-free and funding consistent with Title II of Meeting Accommodations: If you are telephone number herein. the Act. RAC information can be found a person requiring reasonable Persons with hearing impairments at the following Web site: http:// accommodation, please make requests may also follow the discussion by first cloudapps-usda-gov.force.com/FSSRS/ in advance for sign language calling the Federal Relay Service at 1– RAC_Page?id=001t0000002JcwQAAS. interpreting, assistive listening devices, 888–364–3109 and providing the DATES: The meeting will be held at 8:00 or other reasonable accommodation. For operator with the toll-free conference a.m. to Noon and 1:00 p.m. to 5:00 p.m., access to the facility or proceedings, call number: 1–888–737–3705 and on the following dates: please contact the person listed in the conference call ID: 5272563#. • April 25, 2017, and section titled FOR FURTHER INFORMATION Members of the public are invited to • April 26, 2017. CONTACT. All reasonable submit written comments; the All RAC meetings are subject to accommodation requests are managed comments must be received in the cancellation. For status of meeting prior on a case by case basis. regional office approximately 30 days

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after each scheduled meeting. Written FOR FURTHER INFORMATION CONTACT: Jeff Dated: March 29, 2017. comments may be mailed to the Eastern Hinton, DFO, at [email protected] or David Mussatt Regional Office, U.S. Commission on (404) 562–7006. Supervisory Chief, Regional Programs Unit. Civil Rights, 1331 Pennsylvania SUPPLEMENTARY INFORMATION: Members [FR Doc. 2017–06554 Filed 4–3–17; 8:45 am] Avenue, Suite 1150, Washington, DC of the public can listen to the BILLING CODE P 20425, or emailed to Evelyn Bohor at discussion. This meeting is available to [email protected]. Persons who desire the public through the following toll- additional information may contact the free call-in number: 888–523–1191, DEPARTMENT OF COMMERCE Eastern Regional Office at (202) 376– conference ID: 8007351. Any interested 7533. member of the public may call this International Trade Administration Records and documents discussed number and listen to the meeting. [C–580–888] during the meeting will be available for Callers can expect to incur charges for public viewing as they become available calls they initiate over wireless lines, Certain Carbon and Alloy Steel Cut-To- at http://facadatabase.gov/committee/ and the Commission will not refund any Length Plate From the Republic of meetings.aspx?cid=240; click the incurred charges. Callers will incur no Korea: Final Affirmative Countervailing ‘‘Meeting Details’’ and ‘‘Documents’’ charge for calls they initiate over land- Duty Determination and Final Negative links. Records generated from this line connections to the toll-free Critical Circumstances Determination meeting may also be inspected and telephone number. Persons with hearing reproduced at the Eastern Regional impairments may also follow the AGENCY: Enforcement and Compliance, Office, as they become available, both proceedings by first calling the Federal International Trade Administration, before and after the meetings. Persons Relay Service at 1–800–977–8339 and Department of Commerce. interested in the work of this advisory providing the Service with the SUMMARY: The Department of Commerce committee are advised to go to the conference call number and conference (the Department) determines that Commission’s Web site, www.usccr.gov, ID number. countervailable subsidies are being or to contact the Eastern Regional Office Members of the public are also provided to producers/exporters of at the above phone number, email or entitled to submit written comments; certain carbon and alloy steel cut-to- street address. the comments must be received in the length plate (CTL plate) from the Agenda regional office by May 14, 2017. Written Republic of Korea (Korea). In addition, comments may be mailed to the we continue to find that critical I. Welcome and Introductions Southern Regional Office, U.S. circumstances do not exist with respect Rollcall Commission on Civil Rights, 61 Forsyth to POSCO, POSCO-Daewoo Corporation, Planning Meeting Street, Suite 16T126, Atlanta, GA 30303. and all-other producers/exporters from Discuss project planning. They may also be faxed to the Korea. The period of investigation is II. Other Business Commission at (404) 562–7005, or January 1, 2015, through December 31, Adjournment emailed to Regional Director, Jeffrey 2015. For information on the estimated Hinton at [email protected]. Persons subsidy rates, see the ‘‘Final Dated: March 30, 2017. who desire additional information may Determination and Suspension of David Mussatt, contact the Southern Regional Office at Liquidation’’ section of this notice. Supervisory Chief, Regional Programs Unit. (404) 562–7000. DATES: Effective April 4, 2017. [FR Doc. 2017–06624 Filed 4–3–17; 8:45 am] Records generated from this meeting FOR FURTHER INFORMATION CONTACT: BILLING CODE P may be inspected and reproduced at the Yasmin Bordas or John Corrigan, AD/ Southern Regional Office, as they CVD Operations, Office VI, Enforcement become available, both before and after COMMISSION ON CIVIL RIGHTS and Compliance, International Trade the meeting. Records of the meeting will Administration, U.S. Department of Notice of Public Meeting of the be available via www.facadatabase.gov Commerce, 1401 Constitution Avenue Tennessee Advisory Committee under the Commission on Civil Rights, NW., Washington, DC 20230; telephone: Tennessee Advisory Committee link. (202) 482–3813 and (202) 482–7438, AGENCY: U.S. Commission on Civil Persons interested in the work of this respectively. Committee are directed to the Rights. SUPPLEMENTARY INFORMATION: ACTION: Notice of meeting. Commission’s Web site, http:// www.usccr.gov, or may contact the Background SUMMARY: Notice is hereby given, Southern Regional Office at the above The Department published the pursuant to the provisions of the rules email or street address. Preliminary Determination on and regulations of the U.S. Commission Agenda September 14, 2016.1 A summary of the on Civil Rights (Commission) and the events that occurred since the Federal Advisory Committee Act that Welcome and Call to Order Department published the Preliminary the Tennessee (State) Advisory Diane DiIanni, Tennessee SAC Determination, as well as a full Committee will hold a meeting on Chairman discussion of the issues raised by parties Wednesday, April 19, 2017 for Jeff Hinton, Regional Director for this final determination, may be discussing hearing dates for a committee Regional Update—Jeff Hinton project on municipal fees and fines. New Business: Discussion of Project 1 See Certain Carbon and Alloy Steel Cut-to- DATES: The meeting will be held on Proposal/Hearing Dates/Locations: Length Plate from the Republic of Korea: Preliminary Negative Countervailing Duty Wednesday, April 19, 2017 at 12:30 Diane DiIanni, Tennessee SAC Determination and Alignment of Final p.m. EST. Chairman/Staff/Advisory Determination With Final Antidumping Duty ADDRESSES: Committee Determination, 81 FR 63168 (September 14, 2016) The meeting will be by (Preliminary Determination) and accompanying teleconference. Toll-free call-in number: Public Participation Preliminary Decision Memorandum (Preliminary 888–523–1191, conference ID: 8007351. Adjournment Decision Memorandum).

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found in the Issues and Decision Changes Since the Preliminary 705(c)(5)(A)(i) of the Act states that the Memorandum, which is hereby adopted Determination all-others rate shall be an amount equal by this notice.2 Based on our analysis of the to the weighted-average countervailable subsidy rates established for exporters Scope of the Investigation comments received from parties and the minor corrections presented, as well as and producers individually The merchandise covered by this additional items discovered at investigated, excluding any rates that investigation is CTL plate from Korea. verification, we made certain changes to are zero or de minimis or any rates For a complete description of the scope the respondent’s subsidy rate determined entirely on facts available. However, section 705(c)(5)(A)(ii) of the of this investigation, see Appendix I. calculations. For a discussion of these changes, see the Issues and Decision Act states that if the countervailable Analysis of Subsidy Programs and Memorandum and POSCO’s Final subsidy rates for all exporters and Comments Received Calculation Memorandum.4 producers individually investigated are zero or de minimis rates, or are The subsidy programs under Final Negative Determination of determined entirely under section 776 investigation, and the issues raised in Critical Circumstances of the Act, the Department may use any the case and rebuttal briefs submitted by On July 26, 2016, Petitioners 5 timely reasonable method to establish an all- the parties, are discussed in the Issues filed a critical circumstances allegation, others rate for exporters and producers and Decision Memorandum. A list of pursuant to section 703(e)(1) of the not individually investigated, including the issues that parties raised, and to Tariff Act of 1930, as amended (the Act) averaging the weighted-average which we responded in the Issues and and 19 CFR 351.206(c)(1), alleging that countervailable subsidy rates Decision Memorandum, is attached to critical circumstances exist with respect determined for the exporters and this notice at Appendix II. The Issues to imports of CTL plate from Korea.6 producers individually investigated. and Decision Memorandum is a public The Department preliminarily POSCO is the only mandatory document and is on file electronically determined that critical circumstances respondent in the instant investigation. via Enforcement and Compliance’s did not exist with respect to POSCO, We, therefore, are applying the Antidumping and Countervailing Duty POSCO-Daewoo Corporation, and all- countervailable subsidy rate calculated Centralized Electronic Service System other producers/exporters from Korea.7 for POSCO to all-other producers/ (ACCESS). ACCESS is available to Our analysis and conclusion concerning exporters not individually investigated. registered users at https:// critical circumstances remain The Department has taken this approach access.trade.gov and it is available to all unchanged for our final determination.8 to calculating the all-others rate in other parties in the Central Records Unit, countervailing duty (CVD) All-Others Rate 9 Room B–8024 of the main Department investigations. In accordance with the of Commerce building. In addition, a In accordance with section scope of this investigation, this complete version of the Issues and 705(c)(1)(B)(i) of the Act, we calculated application of POSCO’s subsidy rate to Decision Memorandum can be accessed a rate for POSCO, the exporter/producer all-other producers/exporters applies of subject merchandise selected for directly at http://enforcement.trade.gov/ only to subject CTL plate not within the individual examination in this frn/index.html. The signed and physical description of cut-to-length investigation. electronic versions of the Issues and carbon quality steel plate in the 1999 In accordance with sections Korea CVD Order.10 Decision Memorandum are identical in 705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the content. Act, for companies not individually Final Determination Use of Adverse Facts Available investigated, we apply an ‘‘all-others’’ The final subsidy rates are as follows: rate, which is normally calculated by In making this final determination, weighting the subsidy rates of the Producer/exporter Subsidy rate the Department relied in part on facts individual companies selected as (percent) available. Because POSCO Chemtech respondents with those companies’ POSCO ...... 4.31 and POSCO M-Tech, which are cross- export sales of the subject merchandise All-Others ...... 4.31 owned affiliates of POSCO, and to the United States. Section Hyundai Corporation, a trading Disclosure company unaffiliated with POSCO, did 4 See Issues and Decision Memorandum; see also not act to the best of their ability in Memorandum from John Corrigan to Brian C. Davis, We will disclose the calculations ‘‘Countervailing Duty Investigation of Certain responding to the Department’s requests performed within five days of the date Carbon and Alloy Steel Cut-to-Length Plate from the of publication of this notice to parties in for information, we drew an adverse Republic of Korea: POSCO Final Determination inference where appropriate in selecting Calculation Memorandum,’’ dated March 29, 2017 this proceeding in accordance with 19 from among the facts otherwise (POSCO’s Final Calculation Memorandum). CFR 351.224(b). 5 3 Petitioners are ArcelorMittal USA LLC, Nucor available. For further information, see Corporation, and SSAB Enterprises, LLC. Suspension of Liquidation the section ‘‘Use of Facts Otherwise 6 See Letter from Petitioners, ‘‘Re: Certain Carbon In the Preliminary Determination, the Available and Adverse Inferences’’ in and Alloy Steel Cut-To-Length Plate from Austria, total net countervailable subsidy rates the accompanying Issues and Decision Belgium, Brazil, the Republic of Korea, Taiwan, and Turkey: Critical Circumstances Allegations,’’ dated for the individually examined Memorandum. July 26, 2016. 7 See Certain Carbon and Alloy Steel Cut-to- 9 See, e.g., Grain-Oriented Electrical Steel from 2 See Memorandum to Ronald K. Lorentzen, from Length Plate from Austria, Belgium, Brazil, the the People’s Republic of China: Final Affirmative Gary Taverman, ‘‘Issues and Decision Memorandum Republic of Korea, Taiwan, and Turkey; Countervailing Duty Determination, 79 FR 59221 for the Final Determination in the Countervailing Antidumping and Countervailing Duty (October 1, 2014) and accompanying Issues and Duty Investigation of Certain Carbon and Alloy Investigations: Preliminary Determinations of Decision Memorandum at 12. Steel Cut-to-Length Plate from the Republic of Critical Circumstances, 81 FR 61666 (September 7, 10 See Final Affirmative Countervailing Duty Korea,’’ dated concurrently with this notice (Issues 2016). Determination: Certain Cut-to-Length Carbon- and Decision Memorandum). 8 See Issues and Decision Memorandum at Quality Steel Plate from the Republic of Korea, 64 3 See Sections 776(a) and (b) of the Act; see also Section III, ‘‘Final Determination of Critical FR 6587 (December 29, 1999), as amended, 65 FR 19 CFR 351.525(b)(6)(iv) and 19 CFR 351.525(c). Circumstances.’’ 6587 (February 10, 2000) (1999 Korea CVD Order).

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respondents were de minimis and, Dated: March 29, 2017. scope of the investigation if performed in the therefore, we did not suspend Ronald K. Lorentzen, country of manufacture of the cut-to-length plate. liquidation of entries of CTL plate from Acting Assistant Secretary for Enforcement All products that meet the written physical and Compliance. Korea. However, as the estimated description, are within the scope of this subsidy rates for the examined company Appendix I investigation unless specifically excluded or is above de minimis in this final covered by the scope of an existing order. determination, we are directing U.S. Scope of the Investigation The following products are outside of, and/ Customs and Border Protection (CBP) to The products covered by this investigation or specifically excluded from, the scope of suspend liquidation of entries of CTL are certain carbon and alloy steel hot-rolled this investigation: plate from Korea that are entered, or or forged flat plate products not in coils, (1) Products clad, plated, or coated with withdrawn from warehouse, for whether or not painted, varnished, or coated metal, whether or not painted, varnished or coated with plastic or other non-metallic consumption on or after the date of with plastics or other non-metallic substances (cut-to-length plate). Subject substances; publication of this notice in the Federal merchandise includes plate that is produced (2) military grade armor plate certified to Register, and to require a cash deposit by being cut-to-length from coils or from one of the following specifications or to a for such entries of merchandise in the other discrete length plate and plate that is specification that references and incorporates amounts indicated above, pursuant to rolled or forged into a discrete length. The one of the following specifications: • products covered include (1) Universal mill MIL–A–12560, section 705(c)(1)(B)(ii) of the Act. The • plates (i.e., flat-rolled products rolled on four MIL–DTL–12560H, suspension of liquidation will remain in • faces or in a closed box pass, of a width MIL–DTL–12560J, effect until further notice. • exceeding 150 mm but not exceeding 1,250 MIL–DTL–12560K, • If the U.S. International Trade mm, and of a thickness of not less than 4 MIL–DTL–32332, • Commission (ITC) issues a final mm, which are not in coils and without MIL–A–46100D, • affirmative injury determination, we patterns in relief), and (2) hot-rolled or forged MIL–DTL–46100–E, will issue a CVD order and instruct CBP • MIL–46177C, flat steel products of a thickness of 4.75 mm • to continue to require a cash deposit of or more and of a width which exceeds 150 MIL–S–16216K Grade HY80, • MIL–S–16216K Grade HY100, estimated CVDs for such entries of mm and measures at least twice the • thickness, and which are not in coils, MIL–S–24645A HSLA–80; subject merchandise in the amounts • MIL–S–24645A HSLA–100, indicated above. If the ITC determines whether or not with patterns in relief. The • covered products described above may be T9074–BD–GIB–010/0300 Grade HY80, that material injury, or threat of material • T9074–BD–GIB–010/0300 Grade HY100, rectangular, square, circular or other shapes • T9074–BD–GIB–010/0300 Grade injury, does not exist, this proceeding and include products of either rectangular or HSLA80, will be terminated and all estimated non-rectangular cross-section where such • T9074–BD–GIB–010/0300 Grade duties deposited or securities posted as non-rectangular cross-section is achieved a result of the suspension of liquidation HSLA100, and subsequent to the rolling process, i.e., • T9074–BD–GIB–010/0300 Mod. Grade will be refunded or canceled. products which have been ‘‘worked after HSLA115, rolling’’ (e.g., products which have been ITC Notification beveled or rounded at the edges). except that any cut-to-length plate certified to one of the above specifications, or to a In accordance with section 705(d) of For purposes of the width and thickness requirements referenced above, the following military grade armor specification that the Act, we will notify the ITC of our references and incorporates one of the above rules apply: specifications, will not be excluded from the determination. In addition, we are (1) Except where otherwise stated where scope if it is also dual- or multiple-certified making available to the ITC all non- the nominal and actual thickness or width to any other non-armor specification that privileged and non-proprietary measurements vary, a product from a given information related to this investigation. otherwise would fall within the scope of this subject country is within the scope if investigation; We will allow the ITC access to all application of either the nominal or actual (3) stainless steel plate, containing 10.5 privileged and business proprietary measurement would place it within the scope percent or more of chromium by weight and information in our files, provided the based on the definitions set forth above not more than 1.2 percent of carbon by ITC confirms that it will not disclose unless the product is already covered by an weight; such information, either publicly or order existing on that specific country (i.e., (4) CTL plate meeting the requirements of Certain Hot-Rolled Steel Flat Products from ASTM A–829, Grade E 4340 that are over 305 under an administrative protective order Brazil and the Republic of Korea: Amended (APO), without the written consent of mm in actual thickness; Final Affirmative Countervailing Duty (5) Alloy forged and rolled CTL plate the Acting Assistant Secretary for Orders, 81 FR 67960 (October 3, 2016)); and greater than or equal to 152.4 mm in actual Enforcement and Compliance. (2) where the width and thickness vary for thickness meeting each of the following a specific product (e.g., the thickness of requirements: Notification Regarding Administrative certain products with non-rectangular cross- Protective Orders (APO) (a) Electric furnace melted, ladle refined section, the width of certain products with and vacuum degassed and having a chemical This notice serves as a reminder to non-rectangular shape, etc.), the composition (expressed in weight parties subject to APO of their measurement at its greatest width or percentages): thickness applies. • responsibility concerning the Carbon 0.23–0.28, Steel products included in the scope of this • Silicon 0.05–0.20, disposition of proprietary information investigation are products in which: (1) Iron • Manganese 1.20–1.60, disclosed under APO in accordance predominates, by weight, over each of the • Nickel not greater than 1.0, with 19 CFR 351.305(a)(3). Timely other contained elements; and (2) the carbon • Sulfur not greater than 0.007, notification of the return or destruction content is 2 percent or less by weight. • Phosphorus not greater than 0.020, of APO materials, or conversion to Subject merchandise includes cut-to-length • Chromium 1.0–2.5, judicial protective order, is hereby plate that has been further processed in the • Molybdenum 0.35–0.80, requested. Failure to comply with the subject country or a third country, including • Boron 0.002–0.004, • regulations and the terms of an APO is but not limited to pickling, oiling, levelling, Oxygen not greater than 20 ppm, annealing, tempering, temper rolling, skin • Hydrogen not greater than 2 ppm, and a sanctionable violation. passing, painting, varnishing, trimming, • Nitrogen not greater than 60 ppm; This determination is issued and cutting, punching, beveling, and/or slitting, (b) With a Brinell hardness measured in all published pursuant to sections 705(d) or any other processing that would not parts of the product including mid thickness and 777(i)(1) of the Act. otherwise remove the merchandise from the falling within one of the following ranges:

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(i) 270–300 HBW, • Sulfur not greater than 0.010, 7226.91.0500, 7226.91.1530, 7226.91.1560, (ii) 290–320 HBW, or • Phosphorus not greater than 0.020, 7226.91.2530, 7226.91.2560, 7226.91.7000, (iii) 320–350HBW; • Chromium 1.0–1.5, 7226.91.8000, and 7226.99.0180. • (c) Having cleanliness in accordance with Molybdenum 0.6–0.9, The HTSUS subheadings above are • ASTM E45 method A (Thin and Heavy): A Vanadium 0.08 to 0.12 provided for convenience and customs not exceeding 1.5, B not exceeding 1.0, C not • Boron 0.002–0.004, purposes only. The written description of the exceeding 0.5, D not exceeding 1.5; and • Oxygen not greater than 20 ppm, (d) Conforming to ASTM A578–S9 • Hydrogen not greater than 2 ppm, and scope of the investigation is dispositive. • ultrasonic testing requirements with Nitrogen not greater than 60 ppm. Appendix II acceptance criteria 2 mm flat bottom hole; (b) Having cleanliness in accordance with (6) Alloy forged and rolled steel CTL plate ASTM E45 method A (Thin and Heavy): A List of Topics Discussed in the Issues and over 407 mm in actual thickness and meeting not exceeding 1.0(t) and 0.5(h), B not Decision Memorandum the following requirements: exceeding 1.5(t) and 1.0(h), C not exceeding I. Summary (a) Made from Electric Arc Furnace melted, 1.0(t) and 0.5(h), and D not exceeding 1.5(t) Ladle refined and vacuum degassed, alloy and 1.0(h); II. Background steel with the following chemical (c) Having the following mechanical III. Final Determination of Critical composition (expressed in weight properties: A Brinell hardness not less than Circumstances percentages): 350 HBW measured in all parts of the IV. Scope of the Investigation • Carbon 0.23–0.28, product including mid thickness; and having V. Scope Comments • Silicon 0.05–0.15, a Yield Strength of 145 ksi or more and UTS VI. Subsidies Valuation Information • Manganese 1.20–1.50, 160 ksi or more, Elongation of 15% or more VII. Use of Facts Otherwise Available and • Nickel not greater than 0.4, and Reduction of area 35% or more; having • ¥ Adverse Inferences Sulfur not greater than 0.010, charpy V at 40 degrees F in the transverse VIII. Calculation of the All-Others Rate • Phosphorus not greater than 0.020, direction equal or greater than 20 ft. lbs IX. Analysis of Programs • Chromium 1.20–1.50, (single value) and equal or greater than 25 ft. • Molybdenum 0.35–0.55, lbs (average of 3 specimens); X. Analysis of Comments • Boron 0.002–0.004, (d) Conforming to ASTM A578–S9 Comment 1: Whether the Department • Oxygen not greater than 20 ppm, ultrasonic testing requirements with Should Consider POSCO Energy’s Sales • Hydrogen not greater than 2 ppm, and acceptance criteria 3.2 mm flat bottom hole; of Electricity under the Government of • Nitrogen not greater than 60 ppm; and Korea’s Purchases of Electricity for More (b) Having cleanliness in accordance with (e) Conforming to magnetic particle Than Adequate Remuneration Program ASTM E45 method A (Thin and Heavy): A inspection in accordance with AMS 2301. Comment 2: Whether the Department not exceeding 1.5, B not exceeding 1.5, C not At the time of the filing of the petition, Should Find That the Provision of exceeding 1.0, D not exceeding 1.5; there was an existing countervailing duty Electricity for Less Than Adequate (c) Having the following mechanical order on certain cut-to-length carbon-quality Remuneration (LTAR) is a properties: steel plate from Korea. See Final Affirmative Countervailable Subsidy (i) With a Brinell hardness not more than Countervailing Duty Determination: Certain 237 HBW measured in all parts of the Cut-to-Length Carbon-Quality Steel Plate Comment 3: Whether the Department product including mid thickness; and having From the Republic of Korea, 64 FR 73176 Should Apply AFA with Respect to a Yield Strength of 75ksi min and UTS 95 ksi (Dep’t Commerce Dec. 29, 1999), as amended, POSCO Chemtech’s Unreported Port or more, Elongation of 18% or more and 65 FR 6587 (Dep’t Commerce Feb. 10, 2000) Usage Grants Reduction of area 35% or more; having (1999 Korea CVD Order). The scope of the Comment 4: Whether the Department charpy V at ¥75 degrees F in the countervailing duty investigation with regard Should Apply AFA with Respect to longitudinal direction equal or greater than to cut-to-length plate from Korea covers only POSCO M-Tech’s Unreported Subsidies 15 ft. lbs (single value) and equal or greater (1) subject cut-to-length plate not within the Comment 5: Whether the Department than 20 ft. lbs (average of 3 specimens) and physical description of cut-to-length carbon Should Apply AFA with Respect to conforming to the requirements of NACE quality steel plate in the 1999 Korea CVD POSCO Chemtech’s Research & MR01–75; or Order regardless of producer or exporter, and Development Grant Program (ii) With a Brinell hardness not less than (2) cut-to-length plate produced and/or 240 HBW measured in all parts of the exported by those companies that were Comment 6: Whether the Department product including mid thickness; and having excluded or revoked from the 1999 Korea Should Apply AFA with Respect to a Yield Strength of 90 ksi min and UTS 110 CVD Order as of April 8, 2016. The only Hyundai Corporation’s Unreported Tax ksi or more, Elongation of 15% or more and revoked or excluded company is Pohang Iron Exemption Reduction of area 30% or more; having and Steel Company, also known as POSCO. Comment 7: Whether the Department charpy V at ¥40 degrees F in the The products subject to the investigation Should Find Have Initiated Nucor’s longitudinal direction equal or greater than are currently classified in the Harmonized Allegation that the GOK Provides the 21 ft. lbs (single value) and equal or greater Tariff Schedule of the United States (HTSUS) Provision of Natural Gas in All Forms for than 31 ft. lbs (average of 3 specimens); under item numbers: 7208.40.3030, LTAR (d) Conforming to ASTM A578–S9 7208.40.3060, 7208.51.0030, 7208.51.0045, Comment 8: Whether the Department ultrasonic testing requirements with 7208.51.0060, 7208.52.0000, 7211.13.0000, Should Revise its Calculation Regarding acceptance criteria 3.2 mm flat bottom hole; 7211.14.0030, 7211.14.0045, 7225.40.1110, Benefit to POSCO under Restriction of and 7225.40.1180, 7225.40.3005, 7225.40.3050, (e) Conforming to magnetic particle 7226.20.0000, and 7226.91.5000. Special Taxation Act Article 9 inspection in accordance with AMS 2301; The products subject to the investigation Comment 9: Whether the Department (7) Alloy forged and rolled steel CTL plate may also enter under the following HTSUS Verified that POSCO Did Not Receive over 407 mm in actual thickness and meeting item numbers: 7208.40.6060, 7208.53.0000, any Benefit under the Free Economic the following requirements: 7208.90.0000, 7210.70.3000, 7210.90.9000, Zone Programs (a) Made from Electric Arc Furnace melted, 7211.19.1500, 7211.19.2000, 7211.19.4500, Comment 10: Whether the Department ladle refined and vacuum degassed, alloy 7211.19.6000, 7211.19.7590, 7211.90.0000, Finds Tax Programs de facto Specific steel with the following chemical 7212.40.1000, 7212.40.5000, 7212.50.0000, XI. Recommendation composition (expressed in weight 7214.10.0000, 7214.30.0010, 7214.30.0080, percentages): 7214.91.0015, 7214.91.0060, 7214.91.0090, [FR Doc. 2017–06632 Filed 4–3–17; 8:45 am] • Carbon 0.25–0.30, 7225.11.0000, 7225.19.0000, 7225.40.5110, BILLING CODE 3510–DS–P • Silicon not greater than 0.25, 7225.40.5130, 7225.40.5160, 7225.40.7000, • Manganese not greater than 0.50, 7225.99.0010, 7225.99.0090, 7226.11.1000, • Nickel 3.0–3.5, 7226.11.9060, 7226.19.1000, 7226.19.9000,

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DEPARTMENT OF COMMERCE Scope of the Investigation find that NVR’s reported data are The scope of the investigation covers unverifiable, and, thus, cannot serve as International Trade Administration CTL plate from Italy. For a complete a reliable basis for reaching a description of the scope of the determination in this investigation. [A–475–834] investigation, see Appendix I. Specifically, because we encountered so many errors within NVR’s reported data Certain Carbon and Alloy Steel Cut-to- Analysis of Comments Received at verification, and the submitted sales Length Plate From Italy: Final All issues raised in the case and and cost information is integral to the Determination of Sales at Less Than rebuttal briefs by parties in this proper evaluation of its margin Fair Value and Final Affirmative investigation are addressed in the Issues calculation, we find that all of the Determination of Critical and Decision Memorandum. A list of information submitted by NVR is Circumstances the issues raised is attached to this unverifiable. For further discussion, see notice as Appendix II. The Issues and the Issues and Decision Memorandum at AGENCY: Enforcement and Compliance, Comments 1–4. International Trade Administration, Decision Memorandum is a public Department of Commerce. document and is on file electronically Changes Since the Preliminary via Enforcement and Compliance’s Determination SUMMARY: The Department of Commerce Antidumping and Countervailing Duty Based on our analysis of the (the Department) determines that certain Centralized Electronic Service System carbon and alloy steel cut-to-length comments received and our findings at (ACCESS). ACCESS is available to verification, we made certain changes to plate (CTL plate) from Italy is being, or registered users at https:// is likely to be, sold in the United States the margin calculations for OTS. For a access.trade.gov, and it is available to discussion of these changes, see the at less than fair value (LTFV). In all parties in the Central Records Unit, addition, we determine that critical ‘‘Margin Calculations’’ section of the room B–8024 of the main Department of Issues and Decision Memorandum. circumstances exist with respect to Commerce building. In addition, a imports of the subject merchandise. The complete version of the Issues and Final Affirmative Determination of period of investigation (POI) is April 1, Decision Memorandum can be accessed Critical Circumstances 2015, through March 31, 2016. The final directly at http://enforcement.trade.gov/ For the Preliminary Determination, dumping margins of sales at LTFV are frn/index.html. The signed and the Department found that critical listed below in the ‘‘Final electronic versions of the Issues and circumstances exist with respect to Determination’’ section of this notice. Decision Memorandum are identical in imports of CTL plate from Marcegaglia, DATES: Effective April 4, 2017. content. NVR, and OTS, and do not exist with FOR FURTHER INFORMATION CONTACT: respect to companies covered by the ‘‘all Verification 5 Alice Maldonado or Blaine Wiltse, AD/ others’’ rate. We modified our critical As provided in section 782(i) of the CVD Operations, Office II, Enforcement circumstances findings for the final Tariff Act of 1930, as amended, (the Act) and Compliance, International Trade determination and now determine that in November 2016, we conducted Administration, U.S. Department of critical circumstances exist for ‘‘all verification of the sales and cost Commerce, 1401 Constitution Avenue others.’’ For further discussion, see the information submitted by Officine NW., Washington, DC 20230; telephone: Issues and Decision Memorandum at Tecnosider s.r.l. (OTS) for use in our (202) 482–4682 and (202) 482–6345, ‘‘Critical Circumstances.’’ Thus, final determination. We used standard respectively. pursuant to section 735(a)(3)(B) of the verification procedures, including an Act, and 19 CFR 351.206(h)(1)–(2), we SUPPLEMENTARY INFORMATION: examination of relevant accounting and find that critical circumstances exist production records, and original source with respect to subject merchandise Background documents provided by OTS.3 produced or exported by Marcegaglia, On November 14, 2016, the In addition, as provided in section NVR, OTS, and ‘‘all others.’’ 782(i) of the Act, in November 2016 and Department published the Preliminary Adverse Facts Available Determination of sales at LTFV of CTL January 2017, we also attempted to plate from Italy.1 A summary of the verify the sales and cost information In the Preliminary Determination, events that occurred since the submitted by NLMK Verona SpA (NVR), because mandatory respondent Department published the Preliminary using standard verification procedures. Marcegaglia SpA (Marcegaglia) failed to Determination, as well as a full However, as explained in the Issues and respond to the Department’s discussion of the issues raised by parties Decision Memorandum, the Department questionnaire and informed the for this final determination, may be was unable to validate the accuracy of Department that it would not participate 6 found in the Issues and Decision NVR’s reporting.4 As a consequence, we in this investigation, we applied Memorandum, which is hereby adopted by this notice.2 3 For discussion of our verification findings, see Memorandum, ‘‘Verification of the Sales Response the following memoranda: Memorandum, of NLMK North America Plate in the Antidumping ‘‘Verification of the Sales Response of Officine Duty Investigation of Certain Carbon and Alloy 1 See Certain Carbon and Alloy Steel Cut-To- Tecnosider S.R.L. in the Antidumping Investigation Steel Cut-To-Length (CTL) Plate from Italy,’’ dated Length Plate From Italy: Preliminary Determination of Certain Carbon and Alloy Steel Cut-To-Length January 25, 2017; and Memorandum, ‘‘Verification of Sales at Less Than Fair Value, Affirmative Plate from Italy,’’ dated January 17, 2017; and of the Cost Response of NLMK Verona SpA in the Determination of Critical Circumstances, and Memorandum, ‘‘Verification of the Cost Response of Antidumping Duty Investigation of Certain Carbon Postponement of Final Determination, 81 FR 79423 Officine Tecnosider S.r.l. in the Antidumping Duty and Alloy Steel Cut-to-Length Plate from Italy,’’ (November 14, 2016) (Preliminary Determination). Investigation of Certain Carbon and Alloy Steel Cut- dated January 18, 2017. 2 See Memorandum, ‘‘Issues and Decision to-Length Plate from Italy,’’ dated January 23, 2017. 5 See Preliminary Determination, and Memorandum for the Final Affirmative 4 For discussion of our verification findings, see accompanying Preliminary Decision Memorandum, Determination in the Less-Than-Fair-Value the following memoranda: Memorandum, at 5–8. Investigation of Certain Carbon and Alloy Steel Cut- ‘‘Verification of the Sales Response of NLMK 6 See Letter to the Secretary of Commerce from to-Length Plate From Italy,’’ dated concurrently Verona SpA in the Antidumping Duty Investigation Marcegaglia ‘‘Carbon and Alloy Steel Cut-To-Length with, and hereby adopted by, this notice (Issues and of Certain Carbon and Alloy Steel Cut-To-Length Plate from Italy, Antidumping Investigation, Case Decision Memorandum). (CTL) Plate from Italy,’’ dated January 11, 2017; Continued

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adverse facts available (AFA) to these using the dumping margin calculated normal value exceeds the U.S. price as respondents, in accordance with for OTS, as referenced in the ‘‘Final shown above. sections 776(a) and (b) of the Act and 19 Determination’’ section below. International Trade Commission (ITC) CFR 351.308. We were able to Final Determination Notification corroborate the petition dumping margin of 130.63 percent to the extent The final weighted-average dumping In accordance with section 735(d) of practicable within the meaning of margins are as follows: the Act, we will notify the ITC of the section 776(c) of the Act using the final affirmative determination of sales Weighted- at LTFV. Because the final highest transaction-specific dumping average 7 determination in this proceeding is margins calculated for NVR and, thus, Exporter/manufacturer dumping we assigned this dumping margin to margins affirmative, in accordance with section Marcegaglia as AFA. (percent) 735(b)(2) of the Act, the ITC will make The Department received no its final determination as to whether the comments regarding its preliminary NLMK Verona SpA ...... 22.19 domestic industry in the United States Officine Tecnosider s.r.l...... 6.08 application of the AFA dumping margin is materially injured, or threatened with Marcegaglia SpA ...... 22.19 material injury, by reason of imports of to Marcegaglia. For the final All Others ...... 6.08 determination, the Department has not CTL plate from Italy no later than 45 days after our final determination. If the altered its analysis or its decision to Disclosure apply the AFA to Marcegaglia, but for ITC determines that material injury or the reasons explained below, the We will disclose the calculations threat of material injury does not exist, petition margin can no longer be performed within five days of the date the proceeding will be terminated and corroborated and, thus, we assigned to of publication of this notice to parties in all cash deposits will be refunded. If the Marcegaglia a different dumping this proceeding in accordance with 19 ITC determines that such injury does margin. CFR 351.224(b). exist, the Department will issue an Additionally, due to its failures at Continuation of Suspension of antidumping duty order directing CBP verification, we determine that NVR’s Liquidation to assess, upon further instruction by the Department, antidumping duties on data cannot serve as a reliable basis for In accordance with section reaching a determination in this all imports of the subject merchandise 735(c)(1)(B) of the Act, the Department entered, or withdrawn from warehouse, investigation and that NVR did not act will instruct U.S. Customs and Border to the best of its ability to comply with for consumption on or after the effective Protection (CBP) to continue to suspend date of the suspension of liquidation. our requests for information. Therefore, liquidation of all appropriate entries of we also find it appropriate to apply the CTL plate from Italy, as described in Notification Regarding Administrative AFA dumping margin to NVR. For Appendix I of this notice, which were Protective Orders (APO) further discussion, see the Issues and entered, or withdrawn from warehouse, This notice serves as a reminder to Decision Memorandum at Comments 1– for consumption on or after November parties subject to APO of their 4. 14, 2016, the date of publication of the Finally, for the final determination, responsibility concerning the preliminary determination of this disposition of proprietary information because NVR’s information is no longer investigation in the Federal Register. available for use in corroborating the disclosed under APO in accordance For entries made by Marcegaglia, NVR, with 19 CFR 351.305(a)(3). Timely petition rate, as AFA, we assigned to and OTS, in accordance with section Marcegaglia and NVR the highest notification of the return or destruction 735(c)(4)(B) of the Act, because we of APO materials, or conversion to transaction-specific dumping margin continue to find that critical calculated for OTS. For further judicial protective order, is hereby circumstances exist, we will instruct requested. Failure to comply with the discussion, see the Issues and Decision CBP to continue to suspend liquidation Memorandum at Comment 4. regulations and the terms of an APO is of all appropriate entries of CTL plate a sanctionable violation. All-Others Rate from Italy which were entered, or This determination and this notice are withdrawn from warehouse, for Section 735(c)(5)(A) of the Act issued and published pursuant to consumption on or after August 16, provides that the estimated all-others sections 735(d) and 777(i)(1) of the Act. 2016, which is 90 days prior to the date rate shall be an amount equal to the Dated: March 29, 2017. of publication of the preliminary weighted average of the estimated Ronald K. Lorentzen, determination of this investigation in weighted-average dumping margins the Federal Register. Additionally, for Acting Assistant Secretary for Enforcement established for exporters and producers and Compliance. entries made by the companies covered individually investigated excluding any by the ‘‘all others’’ rate, in accordance Appendix I zero or de minimis margins, and with section 735(c)(4)(B) of the Act, margins determined entirely under Scope of the Investigation because we find that critical section 776 of the Act. OTS is the only The products covered by this investigation circumstances exist, we will instruct respondent for which the Department are certain carbon and alloy steel hot-rolled CBP to suspend liquidation of all calculated a company-specific margin or forged flat plate products not in coils, appropriate entries of CTL plate from that is not zero, de minimis, or based whether or not painted, varnished, or coated Italy which were entered, or withdrawn entirely on facts otherwise available. with plastics or other non-metallic from warehouse, for consumption on or substances (cut-to-length plate). Subject Therefore, for purposes of determining after August 16, 2016, which is 90 days merchandise includes plate that is produced the ‘‘all-others’’ rate and pursuant to prior to the date of publication of the by being cut-to-length from coils or from section 735(c)(5)(A) of the Act, we are preliminary determination of this other discrete length plate and plate that is rolled or forged into a discrete length. The investigation in the Federal Register. No. A–475–834: Letter Regarding Respondent products covered include (1) Universal mill Selection and Initial Antidumping Questionnaire’’ Further, the Department will instruct plates (i.e., flat-rolled products rolled on four (June 15, 2016). CBP to require a cash deposit equal to faces or in a closed box pass, of a width 7 Id., at 25. the estimated amount by which the exceeding 150 mm but not exceeding 1250

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mm, and of a thickness of not less than 4 • MIL–S–24645A HSLA–80; • Hydrogen not greater than 2 ppm, and mm, which are not in coils and without • MIL–S–24645A HSLA–100, • Nitrogen not greater than 60 ppm; patterns in relief), and (2) hot-rolled or forged • T9074–BD–GIB–010/0300 Grade HY80, (b) Having cleanliness in accordance with flat steel products of a thickness of 4.75 mm • T9074–BD–GIB–010/0300 Grade HY100, ASTM E45 method A (Thin and Heavy): A or more and of a width which exceeds 150 • T9074–BD–GIB–010/0300 Grade not exceeding 1.5, B not exceeding 1.5, C not mm and measures at least twice the HSLA80, exceeding 1.0, D not exceeding 1.5; thickness, and which are not in coils, • T9074–BD–GIB–010/0300 Grade (c) Having the following mechanical whether or not with patterns in relief. The HSLA100, and properties: covered products described above may be • T9074–BD–GIB–010/0300 Mod. Grade (i) With a Brinell hardness not more than rectangular, square, circular or other shapes HSLA115, 237 HBW measured in all parts of the and include products of either rectangular or except that any cut-to-length plate certified to product including mid thickness; and having non-rectangular cross-section where such one of the above specifications, or to a a Yield Strength of 75ksi min and UTS 95ksi non-rectangular cross-section is achieved military grade armor specification that or more, Elongation of 18% or more and subsequent to the rolling process, i.e., Reduction of area 35% or more; having references and incorporates one of the above ¥ products which have been ‘‘worked after specifications, will not be excluded from the charpy V at 75 degrees F in the rolling’’ (e.g., products which have been scope if it is also dual- or multiple-certified longitudinal direction equal or greater than beveled or rounded at the edges). to any other non-armor specification that 15 ft. lbs (single value) and equal or greater For purposes of the width and thickness otherwise would fall within the scope of this than 20 ft. lbs (average of 3 specimens) and requirements referenced above, the following investigation; conforming to the requirements of NACE MR01–75; or rules apply: (3) stainless steel plate, containing 10.5 (1) Except where otherwise stated where (ii) With a Brinell hardness not less than percent or more of chromium by weight and 240 HBW measured in all parts of the the nominal and actual thickness or width not more than 1.2 percent of carbon by measurements vary, a product from a given product including mid thickness; and having weight; a Yield Strength of 90 ksi min and UTS 110 subject country is within the scope if (4) CTL plate meeting the requirements of application of either the nominal or actual ksi or more, Elongation of 15% or more and ASTM A–829, Grade E 4340 that are over 305 Reduction of area 30% or more; having measurement would place it within the scope mm in actual thickness; ¥ based on the definitions set forth above; and charpy V at 40 degrees F in the (5) Alloy forged and rolled CTL plate longitudinal direction equal or greater than (2) where the width and thickness vary for greater than or equal to 152.4 mm in actual a specific product (e.g., the thickness of 21 ft. lbs (single value) and equal or greater thickness meeting each of the following than 31 ft. lbs (average of 3 specimens); certain products with non-rectangular cross- requirements: (d) Conforming to ASTM A578–S9 section, the width of certain products with (a) Electric furnace melted, ladle refined & ultrasonic testing requirements with non-rectangular shape, etc.), the vacuum degassed and having a chemical acceptance criteria 3.2 mm flat bottom hole; measurement at its greatest width or composition (expressed in weight and thickness applies. percentages): (e) Conforming to magnetic particle Steel products included in the scope of this • Carbon 0.23–0.28, inspection in accordance with AMS 2301; investigation are products in which: (1) Iron • Silicon 0.05–0.20, (7) Alloy forged and rolled steel CTL plate predominates, by weight, over each of the • Manganese 1.20–1.60, over 407 mm in actual thickness and meeting other contained elements; and (2) the carbon • Nickel not greater than 1.0, the following requirements: content is 2 percent or less by weight. • Sulfur not greater than 0.007, (a) Made from Electric Arc Furnace melted, Subject merchandise includes cut-to-length • Phosphorus not greater than 0.020, ladle refined & vacuum degassed, alloy steel plate that has been further processed in the • Chromium 1.0–2.5, with the following chemical composition subject country or a third country, including • Molybdenum 0.35–0.80, (expressed in weight percentages): but not limited to pickling, oiling, levelling, • Boron 0.002–0.004, • Carbon 0.25–0.30, annealing, tempering, temper rolling, skin • Oxygen not greater than 20 ppm, • Silicon not greater than 0.25, passing, painting, varnishing, trimming, • Hydrogen not greater than 2 ppm, and • Manganese not greater than 0.50, cutting, punching, beveling, and/or slitting, • Nitrogen not greater than 60 ppm; • Nickel 3.0–3.5, or any other processing that would not (b) With a Brinell hardness measured in all • Sulfur not greater than 0.010, otherwise remove the merchandise from the parts of the product including mid thickness • Phosphorus not greater than 0.020, scope of the investigation if performed in the falling within one of the following ranges: • Chromium 1.0–1.5, country of manufacture of the cut-to-length (i) 270–300 HBW, • Molybdenum 0.6–0.9, plate. (ii) 290–320 HBW, or • Vanadium 0.08 to 0.12 All products that meet the written physical (iii) 320–350 HBW; • Boron 0.002–0.004, description, are within the scope of this (c) Having cleanliness in accordance with • Oxygen not greater than 20 ppm, investigation unless specifically excluded or ASTM E45 method A (Thin and Heavy): A • Hydrogen not greater than 2 ppm, and covered by the scope of an existing order. not exceeding 1.5, B not exceeding 1.0, C not • Nitrogen not greater than 60 ppm. The following products are outside of, and/ exceeding 0.5, D not exceeding 1.5; and (b) Having cleanliness in accordance with or specifically excluded from, the scope of (d) Conforming to ASTM A578–S9 ASTM E45 method A (Thin and Heavy): A this investigation: ultrasonic testing requirements with not exceeding 1.0(t) and 0.5(h), B not (1) Products clad, plated, or coated with acceptance criteria 2 mm flat bottom hole; exceeding 1.5(t) and 1.0(h), C not exceeding metal, whether or not painted, varnished or (6) Alloy forged and rolled steel CTL plate 1.0(t) and 0.5(h), and D not exceeding 1.5(t) coated with plastic or other non-metallic over 407 mm in actual thickness and meeting and 1.0(h); substances; the following requirements: (c) Having the following mechanical (2) military grade armor plate certified to (a) Made from Electric Arc Furnace melted, properties: A Brinell hardness not less than one of the following specifications or to a Ladle refined & vacuum degassed, alloy steel 350 HBW measured in all parts of the specification that references and incorporates with the following chemical composition product including mid thickness; and having one of the following specifications: (expressed in weight percentages): a Yield Strength of 145ksi or more and UTS • MIL–A–12560, • Carbon 0.23–0.28, 160ksi or more, Elongation of 15% or more • MIL–DTL–12560H, • Silicon 0.05–0.15, and Reduction of area 35% or more; having • MIL–DTL–12560J, • Manganese 1.20–1.50, charpy V at ¥40 degrees F in the transverse • MIL–DTL–12560K, • Nickel not greater than 0.4, direction equal or greater than 20 ft. lbs • MIL–DTL–32332, • Sulfur not greater than 0.010, (single value) and equal or greater than 25 ft. • MIL–A–46100D, • Phosphorus not greater than 0.020, lbs (average of 3 specimens); • MIL–DTL–46100–E, • Chromium 1.20–1.50, (d) Conforming to ASTM A578–S9 • MIL–46177C, • Molybdenum 0.35–0.55, ultrasonic testing requirements with • MIL–S–16216K Grade HY80, • Boron 0.002–0.004, acceptance criteria 3.2 mm flat bottom hole; • MIL–S–16216K Grade HY100, • Oxygen not greater than 20 ppm, and

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(e) Conforming to magnetic particle DEPARTMENT OF COMMERCE Qingdao Qihang Tyre Co. Ltd.; inspection in accordance with AMS 2301. Shandong Zhentai Group Co., Ltd.; The products subject to the investigation International Trade Administration Weihai Zhongwei Rubber Co., Ltd.; are currently classified in the Harmonized 2 [A–570–912] TWS China; Jintongda; and Zhongce. Tariff Schedule of the United States (HTSUS) On November 24, 2016, December 13, under item numbers: 7208.40.3030, Certain New Pneumatic Off-the-Road 2016, and February 7, 2017, Jingtongda,3 7208.40.3060, 7208.51.0030, 7208.51.0045, Tires From the People’s Republic of Zhongce,4 and TWS China,5 timely 7208.51.0060, 7208.52.0000, 7211.13.0000, China: Notice of Partial Rescission of withdrew their respective requests for 7211.14.0030, 7211.14.0045, 7225.40.1110, the Antidumping Duty Administrative an administrative review. 7225.40.1180, 7225.40.3005, 7225.40.3050, Review; 2015–2016 7226.20.0000, and 7226.91.5000. Partial Rescission The products subject to the investigation AGENCY: Enforcement and Compliance, Pursuant to 19 CFR 351.213(d)(1), the may also enter under the following HTSUS International Trade Administration, Secretary will rescind an administrative item numbers: 7208.40.6060, 7208.53.0000, Department of Commerce. review, in whole or in part, if a party 7208.90.0000, 7210.70.3000, 7210.90.9000, SUMMARY: On November 9, 2016, the who requested the review withdraws 7211.19.1500, 7211.19.2000, 7211.19.4500, Department of Commerce the request within 90 days of the date 7211.19.6000, 7211.19.7590, 7211.90.0000, (‘‘Department’’) initiated an of publication of the notice of initiation 7212.40.1000, 7212.40.5000, 7212.50.0000, administrative review of the of the requested review. Jingtongda, 7214.10.0000, 7214.30.0010, 7214.30.0080, antidumping duty order on certain new Zhongce, and TWS China timely 7214.91.0015, 7214.91.0060, 7214.91.0090, pneumatic off-the-road tires (‘‘OTR withdrew their requests for an 7225.11.0000, 7225.19.0000, 7225.40.5110, Tires’’) from the People’s Republic of administrative review; no other party 7225.40.5130, 7225.40.5160, 7225.40.7000, China (‘‘PRC’’) for ten companies. Based requested a review of these companies. 7225.99.0010, 7225.99.0090, 7226.11.1000, on timely withdrawal of requests for Accordingly, we are rescinding this 7226.11.9060, 7226.19.1000, 7226.19.9000, review, we are now rescinding this review, in part, with respect to these 7226.91.0500, 7226.91.1530, 7226.91.1560, administrative review with respect to companies, pursuant to 19 CFR 7226.91.2530, 7226.91.2560, 7226.91.7000, three of these companies: Weifang 351.213(d)(1). 7226.91.8000, and 7226.99.0180. Jintongda Tyre Co., Ltd. (‘‘Jintongda’’); The HTSUS subheadings above are Trelleborg Wheel Systems (Xingtai) Co., Assessment provided for convenience and customs Ltd. (‘‘TWS China’’); and Zhongce The Department will instruct U.S. purposes only. The written description of the Rubber Group Company Limited Customs and Border Protection (‘‘CBP’’) scope of the investigation is dispositive. (‘‘Zhongce’’). to assess antidumping duties on all Appendix II DATES: Effective April 4, 2017. appropriate entries. For Jingtongda, Zhongce, and TWS China, the FOR FURTHER INFORMATION CONTACT: Alex List of Topics Discussed in the Issues and companies for which this review is Decision Memorandum Rosen, AD/CVD Operations, Office III, Enforcement and Compliance, rescinded, antidumping duties shall be I. Summary International Trade Administration, assessed at rates equal to the cash II. Background U.S. Department of Commerce, 1401 deposit of estimated antidumping duties III. Use of Adverse Facts Available Constitution Avenue NW., Washington, required at the time of entry, or IV. Critical Circumstances DC 20230; telephone: (202) 482–7814. withdrawal from warehouse, for V. Scope of the Investigation consumption, in accordance with 19 SUPPLEMENTARY INFORMATION: VI. Scope Comments CFR 351.212(c)(1)(i). The Department VII. Margin Calculations Background intends to issue appropriate assessment VIII. Discussion of the Issues On September 8, 2016, the instructions to CBP 15 days after NVR Department published a notice of publication of this notice. 1. Date of Sale for NVR’s U.S. Direct opportunity to request an administrative Shipments Notification to Importers review of the antidumping duty order 2. Product Characteristics and Control This notice serves as a reminder to on OTR Tires from the PRC.1 In Numbers for NVR importers of their responsibility under September 2016, the Department 3. Misreported Quantities for NVR 19 CFR 351.402(f)(2) to file a certificate received multiple timely requests to 4. AFA regarding the reimbursement of conduct an administrative review of the 5. Other NVR Adjustments antidumping and/or countervailing antidumping duty order on OTR Tires OTS duties prior to liquidation of the from the PRC. Based on these requests, 6. Differential Pricing Methodology relevant entries during this review 7. Weight Basis for OTS on November 9, 2016, in accordance with section 751(a) of the Tariff Act of 8. OTS’s Home Market Commissions 2 See Initiation of Antidumping and 9. U.S. Short-Term Borrowing Rate 1930, as amended (the ‘‘Act’’), the Countervailing Duty Administrative Reviews, 81 FR 10. Home Market Freight Expenses Department published in the Federal 78778 (November 9, 2016). 3 11. Disregarding Sales Where OTS Register a notice of initiation of an See Letter from Jingtongda, ‘‘Certain New administrative review covering the Pneumatic Off-the-Road Tires From the People’s Provided Only Tolling Services Republic of China: Withdrawal of Request for 12. Ministerial Error in the Cost Test for period September 1, 2015, through Administrative Review,’’ dated November 24, 2016. OTS August 31, 2016, with respect to ten 4 See Letter from Zhongce, ‘‘New Pneumatic Off- 13. Cost Recovery Test companies: Cheng Shin Rubber Industry the-Road Tires From the People’s Republic of 14. Financial Expense Ratio Ltd.; Guizhou Tyre Co., Ltd.; Guizhou China: Withdrawal of Request for Administrative Tyre Import and Export Co., Ltd.; Review—2015–16 Review Period,’’ dated December 15. Foreign Exchange Offset to Reported 13, 2016. Direct Material Costs Qingdao Milestone Tyres Co. Ltd.; 5 See Letter from TWS China, ‘‘Antidumping Duty 16. Trasteel’s Stab Acquisition Cost Administrative Review of New Pneumatic Off-The- IX. Recommendation 1 See Antidumping or Countervailing Duty Order, Road Tires from the People’s Republic of China: Finding, or Suspended Investigation; Opportunity Withdrawal of Request for Administrative Review [FR Doc. 2017–06630 Filed 4–3–17; 8:45 am] to Request Administrative Review, 81 FR 62096 of Trelleborg Wheel Systems (Xingtai) Co., Ltd.,’’ BILLING CODE 3510–DS–P (September 8, 2016). dated February 7, 2017.

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period. Failure to comply with this CVD Operations, Office V, Enforcement Verification requirement could result in the and Compliance, International Trade As provided in section 782(i) of the Department’s presumption that Administration, U.S. Department of Tariff Act of 1930, as amended (the Act), reimbursement of antidumping and/or Commerce, 1401 Constitution Avenue in November and December 2016, we countervailing duties occurred and the NW., Washington, DC 20230; telephone: verified the sales and cost information subsequent assessment of doubled (202) 482–2593 and (202) 482–5260, submitted by Tokyo Steel antidumping and/or countervailing respectively. Manufacturing Co., Ltd. (Tokyo Steel) duties. SUPPLEMENTARY INFORMATION: for use in our final determination. We used standard verification procedures, Notification Regarding Administrative Background Protective Order including an examination of relevant On November 14, 2016, the accounting and production records, and This notice serves as a final reminder Department published the Preliminary original source documents provided by to parties subject to an administrative Determination of sales at LTFV of CTL Tokyo Steel.3 protective order (‘‘APO’’) of their plate from Japan.1 A summary of the responsibility concerning the return or Changes Since the Preliminary events that occurred since the destruction of proprietary information Determination Department published the Preliminary disclosed under an APO in accordance Determination, as well as a full Based on our analysis of the with 19 CFR 351.305, which continues discussion of the issues raised by parties comments received and our findings at to govern business proprietary for this final determination, may be verification, we made certain changes to information in this segment of the found in the Issues and Decision the margin calculations for Tokyo Steel. proceeding. Timely written notification Memorandum, which is hereby adopted For a discussion of these changes, see of the return/destruction of APO by this notice.2 the ‘‘Margin Calculations’’ section of the materials or conversion to judicial Issues and Decision Memorandum. protective order is hereby requested. Scope of the Investigation Adverse Facts Available Failure to comply with the regulations The scope of the investigation covers and terms of an APO is a violation CTL plate from Japan. For a complete In the Preliminary Determination, which is subject to sanction. description of the scope of the because mandatory respondents JFE This notice is issued and published in investigation, see Appendix I. Steel Corporation (JFE) and Shimabun accordance with sections 751(a)(1) and Corporation (Shimabun) failed to 777(i)(1) of the Act, and 19 CFR Analysis of Comments Received respond to the Department’s 351.213(d)(4). All issues raised in the case and questionnaire and informed the Date: March 29, 2017. rebuttal briefs by parties in this Department that they would not 4 Gary Taverman, investigation are addressed in the Issues participate in this investigation, we Associate Deputy Assistant Secretary for and Decision Memorandum. A list of applied adverse facts available (AFA) to Antidumping and Countervailing Duty the issues raised is attached to this these respondents, in accordance with Operations. notice as Appendix II. The Issues and sections 776(a) and (b) of the Act and 19 [FR Doc. 2017–06619 Filed 4–3–17; 8:45 am] Decision Memorandum is a public CFR 351.308. Because we could not BILLING CODE 3510–DS–P document and is on file electronically corroborate the petition dumping via Enforcement and Compliance’s margin of 179.2 percent, we assigned to Antidumping and Countervailing Duty JFE and Shimabun, as AFA, a dumping DEPARTMENT OF COMMERCE Centralized Electronic Service System margin based on the highest transaction- (ACCESS). ACCESS is available to specific dumping margin calculated for International Trade Administration registered users at https:// Tokyo Steel.5 The Department received no [A–588–875] access.trade.gov and it is available to all parties in the Central Records Unit, comments regarding its preliminary Certain Carbon and Alloy Steel Cut-to- room B–8024 of the main Department of application of the AFA dumping margin Length Plate From Japan: Final Commerce building. In addition, a to JFE and Shimabun. For the final Determination of Sales at Less Than complete version of the Issues and Fair Value Decision Memorandum can be accessed 3 For discussion of our verification findings, see the following memoranda: Memorandum to the File directly at http://enforcement.trade.gov/ AGENCY: Enforcement and Compliance, through Catherine Bertrand, Program Manager, frn/index.html. The signed and Office V, from Kabir Archuletta, Senior International Trade Administration, electronic versions of the Issues and International Trade Analyst, and Ryan Mullen, Department of Commerce. Decision Memorandum are identical in International Trade Analyst, entitled ‘‘Verification SUMMARY: of Tokyo Steel Manufacturing Co., Ltd., in the The Department of Commerce content. (the Department) determines that certain Antidumping Duty Investigation of Certain Carbon carbon and alloy steel cut-to-length and Alloy Steel Cut-to-Length Plate from Japan,’’ 1 See Certain Carbon and Alloy Steel Cut-to- dated January 17, 2017; Memorandum to the File plate (CTL plate) from Japan is being, or Length Plate from Japan: Preliminary Determination through Neal M. Halper, Director, Office of is likely to be, sold in the United States of Sales at Less Than Fair Value and Postponement Accounting and Michael P. Martin, Lead at less than fair value (LTFV). The of Final Determination, 81 FR 79427 (November 14, Accountant, Office of Accounting from Kristin L. period of investigation (POI) is April 1, 2016) (Preliminary Determination). Case, Senior Accountant, entitled ‘‘Verification of 2 See Memorandum from Gary Taverman, the Cost Response of Tokyo Steel Manufacturing 2015, through March 31, 2016. The final Associate Deputy Assistant Secretary for Co., Ltd. in the Less-Than-Fair Value Investigation weighted-average dumping margins of Antidumping and Countervailing Duty Operations, of Certain Alloy and Carbon Steel Cut-to-Length sales at LTFV are listed below in the to Ronald K. Lorentzen, Acting Assistant Secretary Plate from Japan,’’ dated January 9, 2017. 4 ‘‘Final Determination’’ section of this for Enforcement and Compliance, entitled ‘‘Issues See Letter to the Secretary of Commerce from and Decision Memorandum for the Final JFE ‘‘Advisement of Non-Participation in notice. Affirmative Determination in the Less-Than-Fair- Investigation’’ (June 20, 2016); Letter to the DATES: Effective April 4, 2017. Value Investigation of Certain Carbon and Alloy Secretary of Commerce from Shimabun Steel Cut-to-Length Plate from Japan,’’ dated ‘‘Shimabun’s Notification of Non-Participation’’ FOR FURTHER INFORMATION CONTACT: concurrently with this notice (Issues and Decision (July 29, 2016). Kabir Archuletta or Ryan Mullen, AD/ Memorandum). 5 See Preliminary Determination.

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determination, the Department has not CTL plate from Japan, as described in or forged flat plate products not in coils, altered its analysis or its decision to Appendix I of this notice, which were whether or not painted, varnished, or coated apply the AFA dumping margin to JFE entered, or withdrawn from warehouse, with plastics or other non-metallic and Shimabun. for consumption on or after November substances (cut-to-length plate). Subject In making this final determination, merchandise includes plate that is produced 14, 2016, the date of publication of the by being cut-to-length from coils or from the Department relied, in part, on facts preliminary determination of this other discrete length plate and plate that is available for Tokyo Steel. Furthermore, investigation in the Federal Register. rolled or forged into a discrete length. The because Tokyo Steel did not act to the Further, the Department will instruct products covered include (1) Universal mill best of its ability in responding to CBP to require a cash deposit equal to plates (i.e., flat-rolled products rolled on four certain of the Department’s requests for the estimated amount by which the faces or in a closed box pass, of a width information, we drew an adverse normal value exceeds the U.S. price as exceeding 150 mm but not exceeding 1250 inference, where appropriate, in shown above. mm, and of a thickness of not less than 4 selecting from among the facts mm, which are not in coils and without patterns in relief), and (2) hot-rolled or forged otherwise available.6 For further International Trade Comission (ITC) Notification flat steel products of a thickness of 4.75 mm information, see the accompanying or more and of a width which exceeds 150 Issues and Decision Memorandum. In accordance with section 735(d) of mm and measures at least twice the the Act, we will notify the ITC of the thickness, and which are not in coils, All-Others Rate final affirmative determination of sales whether or not with patterns in relief. The Section 735(c)(5)(A) of the Act at LTFV. Because the final covered products described above may be provides that the estimated all-others determination in this proceeding is rectangular, square, circular or other shapes rate shall be an amount equal to the affirmative, in accordance with section and include products of either rectangular or non-rectangular cross-section where such weighted average of the estimated 735(b)(2) of the Act, the ITC will make weighted-average dumping margins non-rectangular cross-section is achieved its final determination as to whether the subsequent to the rolling process, i.e., established for exporters and producers domestic industry in the United States products which have been ‘‘worked after individually investigated, excluding any is materially injured, or threatened with rolling’’ (e.g., products which have been zero or de minimis margins, and material injury, by reason of imports of beveled or rounded at the edges). margins determined entirely under CTL plate from Japan no later than 45 For purposes of the width and thickness section 776 of the Act. Tokyo Steel is days after our final determination. If the requirements referenced above, the following the only respondent for which the ITC determines that material injury or rules apply: Department calculated a company- threat of material injury does not exist, (1) Except where otherwise stated where the nominal and actual thickness or width specific margin. Therefore, for purposes the proceeding will be terminated and of determining the ‘‘all-others’’ rate and measurements vary, a product from a given all cash deposits will be refunded. If the subject country is within the scope if pursuant to section 735(c)(5)(A) of the ITC determines that such injury does application of either the nominal or actual Act, we are using the dumping margin exist, the Department will issue an measurement would place it within the scope calculated for Tokyo Steel, as referenced antidumping duty order directing CBP based on the definitions set forth above in the ‘‘Final Determination’’ section to assess, upon further instruction by unless the product is already covered by an below. the Department, antidumping duties on order existing on that specific country (i.e., Certain Hot-Rolled Steel Flat Products from Final Determination all imports of the subject merchandise entered, or withdrawn from warehouse, Australia, Brazil, Japan, the Republic of Korea, the Netherlands, the Republic of The final weighted-average dumping for consumption on or after the effective margins are as follows: Turkey, and the United Kingdom: Amended date of the suspension of liquidation. Final Affirmative Antidumping Weighted- Notification Regarding Administrative Determinations for Australia, the Republic of average Protective Orders (APO) Korea, and the Republic of Turkey and Exporter/manufacturer dumping Antidumping Duty Orders, 81 FR 67962 margins This notice serves as a reminder to (October 3, 2016).); and (percent) parties subject to APO of their (2) where the width and thickness vary for responsibility concerning the a specific product (e.g., the thickness of Tokyo Steel Manufacturing Co., disposition of proprietary information certain products with non-rectangular cross- Ltd...... 14.79 disclosed under APO in accordance section, the width of certain products with JFE Steel Corporation ...... 48.67 non-rectangular shape, etc.), the Shimabun Corporation ...... 48.67 with 19 CFR 351.305(a)(3). Timely measurement at its greatest width or All Others ...... 14.79 notification of the return or destruction thickness applies. of APO materials, or conversion to Steel products included in the scope of this Disclosure judicial protective order, is hereby investigation are products in which: (1) Iron requested. Failure to comply with the predominates, by weight, over each of the We will disclose the calculations regulations and the terms of an APO is other contained elements; and (2) the carbon performed within five days of the date a sanctionable violation. content is 2 percent or less by weight. of publication of this notice to parties in This determination and this notice are Subject merchandise includes cut-to-length this proceeding in accordance with 19 issued and published pursuant to plate that has been further processed in the CFR 351.224(b). subject country or a third country, including sections 735(d) and 777(i)(1) of the Act. but not limited to pickling, oiling, levelling, Continuation of Suspension of Dated: March 29, 2017. annealing, tempering, temper rolling, skin Liquidation Ronald K. Lorentzen, passing, painting, varnishing, trimming, cutting, punching, beveling, and/or slitting, In accordance with section Acting Assistant Secretary for Enforcement or any other processing that would not 735(c)(1)(B) of the Act, the Department and Compliance. otherwise remove the merchandise from the will instruct U.S. Customs and Border Appendix I scope of the investigation if performed in the Protection (CBP) to continue to suspend country of manufacture of the cut-to-length liquidation of all appropriate entries of Scope of the Investigation plate. The products covered by this investigation All products that meet the written physical 6 See sections 776(a) and (b) of the Act. are certain carbon and alloy steel hot-rolled description, are within the scope of this

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investigation unless specifically excluded or not exceeding 1.5, B not exceeding 1.0, C not • Hydrogen not greater than 2 ppm, and covered by the scope of an existing order. exceeding 0.5, D not exceeding 1.5; and • Nitrogen not greater than 60 ppm. The following products are outside of, and/ (d) Conforming to ASTM A578–S9 (b) Having cleanliness in accordance with or specifically excluded from, the scope of ultrasonic testing requirements with ASTM E45 method A (Thin and Heavy): A this investigation: acceptance criteria 2 mm flat bottom hole; not exceeding 1.0(t) and 0.5(h), B not (1) Products clad, plated, or coated with (6) Alloy forged and rolled steel CTL plate exceeding 1.5(t) and 1.0(h), C not exceeding metal, whether or not painted, varnished or over 407 mm in actual thickness and meeting 1.0(t) and 0.5(h), and D not exceeding 1.5(t) coated with plastic or other non-metallic the following requirements: and 1.0(h); substances; (a) Made from Electric Arc Furnace melted, (c) Having the following mechanical (2) military grade armor plate certified to Ladle refined & vacuum degassed, alloy steel properties: A Brinell hardness not less than one of the following specifications or to a with the following chemical composition 350 HBW measured in all parts of the specification that references and incorporates (expressed in weight percentages): product including mid thickness; and having one of the following specifications: • Carbon 0.23–0.28, a Yield Strength of 145ksi or more and UTS • MIL–A–12560, • Silicon 0.05–0.15, • MIL–DTL–12560H, • Manganese 1.20–1.50, 160ksi or more, Elongation of 15% or more • MIL–DTL–12560J, • and Reduction of area 35% or more; having Nickel not greater than 0.4, ¥ • MIL–DTL–12560K, • Sulfur not greater than 0.010, charpy V at 40 degrees F in the transverse • MIL–DTL–32332, • Phosphorus not greater than 0.020, direction equal or greater than 20 ft. lbs • MIL–A–46100D, • Chromium 1.20–1.50, (single value) and equal or greater than 25 ft. • MIL–DTL–46100–E, • Molybdenum 0.35–0.55, lbs (average of 3 specimens); • MIL–46177C, • Boron 0.002–0.004, (d) Conforming to ASTM A578–S9 • MIL–S–16216K Grade HY80, • Oxygen not greater than 20 ppm, ultrasonic testing requirements with • MIL–S–16216K Grade HY100, • Hydrogen not greater than 2 ppm, and acceptance criteria 3.2 mm flat bottom hole; • MIL–S–24645A HSLA–80; • Nitrogen not greater than 60 ppm; and • MIL–S–24645A HSLA–100, (b) Having cleanliness in accordance with (e) Conforming to magnetic particle • T9074–BD–GIB–010/0300 Grade HY80, inspection in accordance with AMS 2301. • ASTM E45 method A (Thin and Heavy): A T9074–BD–GIB–010/0300 Grade HY100, The products subject to the investigation • not exceeding 1.5, B not exceeding 1.5, C not T9074–BD–GIB–010/0300 Grade exceeding 1.0, D not exceeding 1.5; are currently classified in the Harmonized HSLA80, • (c) Having the following mechanical Tariff Schedule of the United States (HTSUS) T9074–BD–GIB–010/0300 Grade properties: under item numbers: 7208.40.3030, HSLA100, and (i) With a Brinell hardness not more than 7208.40.3060, 7208.51.0030, 7208.51.0045, • T9074–BD–GIB–010/0300 Mod. Grade 237 HBW measured in all parts of the 7208.51.0060, 7208.52.0000, 7211.13.0000, HSLA115, product including mid thickness; and having 7211.14.0030, 7211.14.0045, 7225.40.1110, except that any cut-to-length plate certified to a Yield Strength of 75ksi min and UTS 95ksi 7225.40.1180, 7225.40.3005, 7225.40.3050, one of the above specifications, or to a or more, Elongation of 18% or more and 7226.20.0000, and 7226.91.5000. military grade armor specification that Reduction of area 35% or more; having The products subject to the investigation references and incorporates one of the above charpy V at ¥75 degrees F in the may also enter under the following HTSUS specifications, will not be excluded from the longitudinal direction equal or greater than item numbers: 7208.40.6060, 7208.53.0000, scope if it is also dual- or multiple-certified 15 ft. lbs (single value) and equal or greater to any other non-armor specification that 7208.90.0000, 7210.70.3000, 7210.90.9000, than 20 ft. lbs (average of 3 specimens) and 7211.19.1500, 7211.19.2000, 7211.19.4500, otherwise would fall within the scope of this conforming to the requirements of NACE investigation; 7211.19.6000, 7211.19.7590, 7211.90.0000, MR01–75; or 7212.40.1000, 7212.40.5000, 7212.50.0000, (3) stainless steel plate, containing 10.5 (ii) With a Brinell hardness not less than 7214.10.0000, 7214.30.0010, 7214.30.0080, percent or more of chromium by weight and 240 HBW measured in all parts of the 7214.91.0015, 7214.91.0060, 7214.91.0090, not more than 1.2 percent of carbon by product including mid thickness; and having weight; 7225.11.0000, 7225.19.0000, 7225.40.5110, a Yield Strength of 90 ksi min and UTS 110 7225.40.5130, 7225.40.5160, 7225.40.7000, (4) CTL plate meeting the requirements of ksi or more, Elongation of 15% or more and ASTM A–829, Grade E 4340 that are over 305 7225.99.0010, 7225.99.0090, 7226.11.1000, Reduction of area 30% or more; having 7226.11.9060, 7226.19.1000, 7226.19.9000, mm in actual thickness; charpy V at ¥40 degrees F in the (5) Alloy forged and rolled CTL plate 7226.91.0500, 7226.91.1530, 7226.91.1560, longitudinal direction equal or greater than 7226.91.2530, 7226.91.2560, 7226.91.7000, greater than or equal to 152.4 mm in actual 21 ft. lbs (single value) and equal or greater thickness meeting each of the following 7226.91.8000, and 7226.99.0180. than 31 ft. lbs (average of 3 specimens); requirements: The HTSUS subheadings above are (d) Conforming to ASTM A578–S9 (a) Electric furnace melted, ladle refined & provided for convenience and customs ultrasonic testing requirements with vacuum degassed and having a chemical purposes only. The written description of the acceptance criteria 3.2 mm flat bottom hole; composition (expressed in weight scope of the investigation is dispositive. percentages): and • Carbon 0.23–0.28, (e) Conforming to magnetic particle Appendix II • Silicon 0.05–0.20, inspection in accordance with AMS 2301; • (7) Alloy forged and rolled steel CTL plate List of Topics Discussed in the Issues and Manganese 1.20–1.60, Decision Memorandum • Nickel not greater than 1.0, over 407 mm in actual thickness and meeting • Sulfur not greater than 0.007, the following requirements: I. Summary • Phosphorus not greater than 0.020, (a) Made from Electric Arc Furnace melted, II. Background • Chromium 1.0–2.5, ladle refined & vacuum degassed, alloy steel III. Scope of the Investigation • Molybdenum 0.35–0.80, with the following chemical composition IV. Scope Comments • Boron 0.002–0.004, (expressed in weight percentages): V. Margin Calculations • • Oxygen not greater than 20 ppm, Carbon 0.25–0.30, VI. Discussion of Issues • • Hydrogen not greater than 2 ppm, and Silicon not greater than 0.25, a. Comment 1: Unreported Bank Transfer • • Nitrogen not greater than 60 ppm; Manganese not greater than 0.50, Fees • (b) With a Brinell hardness measured in all Nickel 3.0–3.5, b. Comment 2: Cost Adjustments Based on parts of the product including mid thickness • Sulfur not greater than 0.010, • Verification Findings falling within one of the following ranges: Phosphorus not greater than 0.020, c. Comment 3: Expenses Identified at (i) 270–300 HBW, • Chromium 1.0–1.5, • Verification (ii) 290–320 HBW, or Molybdenum 0.6–0.9, VII. Recommendation (iii) 320–350 HBW; • Vanadium 0.08 to 0.12 (c) Having cleanliness in accordance with • Boron 0.002–0.004, [FR Doc. 2017–06629 Filed 4–3–17; 8:45 am] ASTM E45 method A (Thin and Heavy): A • Oxygen not greater than 20 ppm, BILLING CODE 3510–DS–P

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DEPARTMENT OF COMMERCE initiation of the AD investigations that Filing Requirements the petitioner is requesting.4 All submissions to the Department International Trade Administration Period of Investigations must be filed electronically using Enforcement and Compliance’s [A–602–810, A–351–850, A–403–805] Because the petitions were filed on Antidumping and Countervailing Duty March 8, 2017, the period of Centralized Electronic Service System Silicon Metal From Australia, Brazil investigation (POI) for each (ACCESS).5 An electronically filed and Norway: Initiation of Less-Than- investigation is, pursuant to 19 CFR document must be received successfully Fair-Value Investigations 351.204(b)(1), January 1, 2016, through in its entirety by the time and date when AGENCY: Enforcement and Compliance, December 31, 2016. it is due. Documents excepted from the International Trade Administration, electronic submission requirements Scope of the Investigations Department of Commerce. must be filed manually (i.e., in paper form) with Enforcement and DATES: Effective March 28, 2017. The product covered by these Compliance’s APO/Dockets Unit, Room investigations is silicon metal from FOR FURTHER INFORMATION CONTACT: 18022, U.S. Department of Commerce, Australia, Brazil, and Norway. For a full Brian Smith at (202) 482–1766 1401 Constitution Avenue NW., description of the scope of these (Australia); Robert James at (202) 482– Washington, DC 20230, and stamped investigations, see the ‘‘Scope of the 0649 (Brazil); and Andrew Medley at with the date and time of receipt by the Investigations,’’ at Appendix I of this (202) 482–4987 (Norway), AD/CVD applicable deadlines. Operations, Enforcement and notice. Compliance, U.S. Department of Comments on Product Characteristics Comments on Scope of the Commerce, 1401 Constitution Avenue for AD Questionnaires Investigations NW., Washington, DC 20230. The Department will provide SUPPLEMENTARY INFORMATION: As discussed in the preamble to the interested parties an opportunity to Department’s regulations, we are setting comment on the appropriate physical The Petitions aside a period for interested parties to characteristics of silicon metal to be On March 8, 2017, the Department of raise issues regarding product coverage reported in response to the Commerce (the Department) received (scope). The Department will consider Department’s AD questionnaires. This antidumping duty (AD) petitions (the all comments received from parties and, information will be used to identify the Petitions) concerning imports of silicon if necessary, will consult with parties key physical characteristics of the metal from Australia, Brazil, and prior to the issuance of the preliminary merchandise under consideration in Norway, filed in proper form on behalf determinations. If scope comments order to report the relevant costs of of Globe Specialty Metals, Inc. (the include factual information (see 19 CFR production accurately, as well as to 1 petitioner). The Petitions also included 351.102(b)(21)), all such factual develop appropriate product- countervailing duty (CVD) petitions on information should be limited to public comparison criteria. silicon metal from Australia, Brazil, and information. In order to facilitate Interested parties may provide any 2 Kazakhstan. The petitioner is a preparation of its questionnaires, the information or comments that they feel 3 domestic producer of silicon metal. Department requests all interested are relevant to the development of an In accordance with section 732(b) of parties to submit such comments by accurate list of physical characteristics. Specifically, they may provide the Tariff Act of 1930, as amended (the 5:00 p.m. Eastern Time (ET) on April 17, comments as to which characteristics Act), the petitioner alleges that imports 2017, which is 20 calendar days from of silicon metal from Australia, Brazil, are appropriate to use as: (1) General the signature date of this notice. Any and Norway are being, or are likely to product characteristics; and (2) product- rebuttal comments, which may include be, sold in the United States at less than comparison criteria. We note that it is factual information (also limited to fair value within the meaning of section not always appropriate to use all public information), must be filed by 731 of the Act, and that such imports product characteristics as product- 5:00 p.m. ET on April 27, 2017, which are materially injuring, or threatening comparison criteria. We base product- material injury to, an industry in the is 10 calendar days after the initial comparison criteria on meaningful United States. Also, consistent with comments. All such comments must be commercial differences among products. section 732(b)(1) of the Act, the filed on the records of each of the In other words, although there may be Petitions are accompanied by concurrent AD and CVD investigations. some physical product characteristics information reasonably available to the The Department requests that any utilized by manufacturers to describe petitioner supporting its allegations. factual information the parties consider silicon metal, it may be that only a The Department finds that the relevant to the scope of the select few product characteristics take petitioner filed these Petitions on behalf investigations be submitted during this into account commercially meaningful of the domestic industry, because the time period. However, if a party physical characteristics. In addition, petitioner is an interested party as subsequently believes that additional interested parties may comment on the defined in section 771(9)(C) of the Act. factual information pertaining to the order in which the physical The Department also finds that the scope of the investigations may be characteristics should be used in petitioner demonstrated sufficient relevant, the party may contact the industry support with respect to the Department and request permission to 5 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; submit the additional information. As Administrative Protective Order Procedures, 76 FR 1 See Silicon Metal from Australia, Brazil, stated above, all such comments must 39263 (July 6, 2011) for details of the Department’s Kazakhstan, and Norway; Antidumping and be filed on the records of each of the electronic filing requirements, which went into Countervailing Duty Petition, dated March 8, 2017 concurrent AD and CVD investigations. effect on August 5, 2011. Information on help using (the Petitions). ACCESS can be found at https://access.trade.gov/ 2 Id. help.aspx and a handbook can be found at https:// 3 See Volume I of the Petitions, at 1 and Exhibit 4 See the ‘‘Determination of Industry Support for access.trade.gov/help/Handbook%20on I–1. the Petitions’’ section below. %20Electronic%20Filling%20Procedures.pdf.

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matching products. Generally, the for different purposes and pursuant to a Forestry, Rubber, Manufacturing, Department attempts to list the most separate and distinct authority. In Energy, Allied Industrial and Service important physical characteristics first addition, the Department’s Workers International Union (USW), and the least important characteristics determination is subject to limitations of stating that the USW represents the last. time and information. Although this workers at the petitioner’s Alloy, WV In order to consider the suggestions of may result in different definitions of the and Niagara Falls, NY silicon metal interested parties in developing and like product, such differences do not plants and it supports the Petitions.10 In issuing the AD questionnaires, all render the decision of either agency addition, the petitioner provided a letter product characteristics comments must contrary to law.7 of support for the Petitions from the be filed by 5:00 p.m. ET on April 17, Section 771(10) of the Act defines the Industrial Division of the 2017, which is 20 calendar days from domestic like product as ‘‘a product Communications Workers of America the signature date of this notice. Any which is like, or in the absence of like, (IEU–CWA), stating that the IEU–CWA rebuttal comments, must be filed by most similar in characteristics and uses represents the workers at the 5:00 p.m. ET on April 27, 2017. All with, the article subject to an petitioner’s Selma, AL plant and it comments and submissions to the investigation under this title.’’ Thus, the supports the Petitions.11 To establish Department must be filed electronically reference point from which the industry support, the petitioner using ACCESS, as explained above, on domestic like product analysis begins is compared its production to the total the records of the Australia, Brazil, and ‘‘the article subject to an investigation’’ 2016 production of the domestic like Norway less-than-fair-value (i.e., the class or kind of merchandise to product for the entire domestic investigations. be investigated, which normally will be industry.12 We relied on the data the the scope as defined in the petition). Determination of Industry Support for petitioner provided for purposes of With regard to the domestic like 13 the Petitions measuring industry support. product, the petitioner does not offer a Our review of the data provided in the Section 732(b)(1) of the Act requires definition of the domestic like product Petitions and other information readily that a petition be filed on behalf of the distinct from the scope of the available to the Department indicates domestic industry. Section 732(c)(4)(A) investigations. Based on our analysis of that the petitioner has established of the Act provides that a petition meets the information submitted on the industry support.14 First, the Petitions this requirement if the domestic record, we have determined that silicon established support from domestic producers or workers who support the metal, as defined in the scope, producers (or workers) accounting for petition account for: (i) At least 25 constitutes a single domestic like more than 50 percent of the total percent of the total production of the product and we have analyzed industry production of the domestic like product domestic like product; and (ii) more support in terms of that domestic like and, as such, the Department is not than 50 percent of the production of the product.8 required to take further action in order domestic like product produced by that In determining whether the petitioner to evaluate industry support (e.g., portion of the industry expressing has standing under section 732(c)(4)(A) polling).15 Second, the domestic support for, or opposition to, the of the Act, we considered the industry producers (or workers) have met the petition. Moreover, section 732(c)(4)(D) support data contained in the Petitions statutory criteria for industry support of the Act provides that, if the petition with reference to the domestic like under section 732(c)(4)(A)(i) of the Act does not establish support of domestic product as defined in the ‘‘Scope of the because the domestic producers (or producers or workers accounting for Investigations,’’ in Appendix I of this workers) who support the Petitions more than 50 percent of the total notice. The petitioner provided its own account for at least 25 percent of the production of the domestic like product, production of the domestic like product total production of the domestic like the Department shall: (i) Poll the in 2016, as well as estimated 2016 product.16 Finally, the domestic industry or rely on other information in production data of the domestic like producers (or workers) have met the order to determine if there is support for product by the entire U.S. industry.9 statutory criteria for industry support the petition, as required by The petitioner also provided a letter under section 732(c)(4)(A)(ii) of the Act subparagraph (A); or (ii) determine from the United Steel, Paper and because the domestic producers (or industry support using a statistically workers) who support the Petitions valid sampling method to poll the 7 See USEC, Inc. v. United States, 132 F. Supp. account for more than 50 percent of the ‘‘industry.’’ 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), production of the domestic like product Section 771(4)(A) of the Act defines aff’d 865 F.2d 240 (Fed. Cir. 1989)). produced by that portion of the industry the ‘‘industry’’ as the producers as a 8 For a discussion of the domestic like product whole of a domestic like product. Thus, analysis in this case, see Antidumping Duty 10 See Volume I of the Petitions, at 4 and Exhibit to determine whether a petition has the Investigation Initiation Checklist: Silicon Metal I–5. requisite industry support, the statute from Australia (Australia AD Initiation Checklist), 11 Id., at 4 and Exhibit I–6. at Attachment II, Analysis of Industry Support for 12 Id., at 3–4 and Exhibit I–2. directs the Department to look to the Antidumping and Countervailing Duty Petitions 13 Id. For further discussion, see Australia AD producers and workers who produce the Covering Silicon Metal from Australia, Brazil, Initiation Checklist, at Attachment II; Brazil AD domestic like product. The International Kazakhstan, and Norway (Attachment II); Antidumping Duty Investigation Initiation Initiation Checklist, at Attachment II; and Norway Trade Commission (ITC), which is Checklist: Silicon Metal from Brazil (Brazil AD AD Initiation Checklist, at Attachment II. responsible for determining whether Initiation Checklist), at Attachment II; and 14 See Australia AD Initiation Checklist, at ‘‘the domestic industry’’ has been Antidumping Duty Investigation Initiation Attachment II; Brazil AD Initiation Checklist, at injured, must also determine what Checklist: Silicon Metal from Norway (Norway AD Attachment II; and Norway AD Initiation Checklist, Initiation Checklist), at Attachment II. These at Attachment II. constitutes a domestic like product in checklists are dated concurrently with, and hereby 15 See section 732(c)(4)(D) of the Act; see also order to define the industry. While both adopted by, this notice and on file electronically via Australia AD Initiation Checklist, at Attachment II; the Department and the ITC must apply ACCESS. Access to documents filed via ACCESS is Brazil AD Initiation Checklist, at Attachment II; and the same statutory definition regarding also available in the Central Records Unit, Room Norway AD Initiation Checklist, at Attachment II. 16 6 B8024 of the main Department of Commerce See Australia AD Initiation Checklist, at the domestic like product, they do so building. Attachment II; Brazil AD Initiation Checklist, at 9 See Volume I of the Petitions, at 1, 3–4 and Attachment II; and Norway AD Initiation Checklist, 6 See section 771(10) of the Act. Exhibits I–1 and I–2. at Attachment II.

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expressing support for, or opposition to, decision to initiate investigations of to the product being imported into the the Petitions.17 Accordingly, the imports of silicon metal from Australia, United States during the POI.29 As the Department determines that the Brazil, and Norway. The sources of data prices obtained for Brazil were on an ex- Petitions were filed on behalf of the for the deductions and adjustments factory basis, the petitioner made no domestic industry within the meaning relating to U.S. price and NV are adjustment for movement expenses.30 of section 732(b)(1) of the Act. discussed in greater detail in the For Australia and Norway, the The Department finds that the country-specific initiation checklists. petitioner made certain adjustments to petitioner filed the Petitions on behalf of the prices, including deductions for Export Price the domestic industry because it is an inland freight charges (where interested party as defined in section For Brazil, the petitioner based export applicable).31 The petitioner made no 771(9)(C) of the Act and it has price (EP) on transaction-specific other adjustments to home market demonstrated sufficient industry average unit values (AUVs) for prices. support with respect to the AD shipments of silicon metal from Brazil For Australia and Brazil, the investigations that it is requesting that entered under the relevant Harmonized petitioner provided information the Department initiate.18 Tariff Schedule of the United States indicating that sales of silicon metal in (HTSUS) subheading for three entries the home market were made at prices Allegations and Evidence of Material during one month of the POI into three below the cost of production (COP) and, Injury and Causation specific ports.22 The petitioner linked as a result, also calculated NV based on The petitioner alleges that the U.S. port arrival data from an independent constructed value (CV).32 For further industry producing the domestic like source to U.S. port-specific import discussion of COP and NV based on CV, product is being materially injured, or is statistics obtained from the ITC’s see below.33 threatened with material injury, by Dataweb.23 The petitioner linked Normal Value Based on Constructed reason of the imports of the subject imports of silicon metal entered under Value merchandise sold at less than normal the relevant HTSUS subheading to value (NV). In addition, the petitioner shipments from producers in Brazil to Pursuant to section 773(b)(3) of the alleges that subject imports exceed the ensure the Dataweb statistics were Act, COP consists of the cost of negligibility threshold provided for specific to subject merchandise.24 manufacturing (COM); selling, general under section 771(24)(A) of the Act.19 Because the AUVs are based on the and administrative (SG&A) expenses; The petitioner contends that the reported customs values, which reflect financial expenses; and packing industry’s injured condition is FOB foreign port prices, the petitioner expenses. illustrated by reduced market share; made an adjustment for foreign inland For Australia, the petitioner relied on underselling and price suppression or freight from the production facility to the 2015 financial statements of depression; lost sales and revenues; the port of export.25 The petitioner Australian producer Simcoa Operations declines in production, production made no other adjustments to EP. Pty Ltd. (Simcoa) to calculate the COP.34 capacity, capacity utilization, and U.S. The petitioner adjusted Simcoa’s 2015 Constructed Export Price shipments; increase in inventories; COP data to the POI using Australian declines in average number of workers, For Australia and Norway, the producer price index information hours worked, and wages paid; and petitioner had reason to believe that obtained from International Financial 35 declines in financial performance.20 We sales are made through U.S. affiliates. Statistics. have assessed the allegations and Therefore, the petitioner based constructed export price (CEP) on actual 29 See Volume II of the Petitions, at 3–5 and supporting evidence regarding material Exhibit AU–AD 3A; Volume IV of the Petitions at injury, threat of material injury, and sales prices for silicon metal produced 5 and Exhibit BR–AD 3A; Volume VII of the causation, and we have determined that in, and exported from, those countries.26 Petitions at 4–5 and Exhibit NO–AD 3A; see also these allegations are properly supported The petitioner made deductions from Australia AD Initiation Checklist, Brazil AD U.S. price for movement expenses Initiation Checklist, and Norway AD Initiation by adequate evidence, and meet the Checklist. 21 27 statutory requirements for initiation. consistent with the delivery terms. 30 See Brazil AD Initiation Checklist. The petitioner also deducted from U.S. 31 See Australia AD Initiation Checklist and Allegations of Sales at Less Than Fair price operating expenses incurred by Norway AD Initiation Checklist. Value the U.S. affiliate.28 32 Under the Trade Preferences Extension Act of The following is a description of the 2015, numerous amendments to the AD and CVD Normal Value Based on Home Market law were made. See Trade Preferences Extension allegations of sales at less than fair value Prices Act of 2015, Public Law 114–27, 129 Stat. 362 upon which the Department based its (2015). See also Dates of Application of For Australia, Brazil, and Norway, the Amendments to the Antidumping and Countervailing Duty Laws Made by the Trade 17 Id. petitioner provided home market price Preferences Extension Act of 2015, 80 FR 46793 18 Id. information based on sales, or offers for (August 6, 2015) (Applicability Notice). The 19 See Volume I of the Petitions, at 38–39 and sale, of merchandise identical or similar amendments to sections 771(15), 773, 776, and 782 Exhibit I–45. of the Act are applicable to all determinations made 20 See Volume I of the Petitions, at 25–53 and 22 See Brazil AD Initiation Checklist. on or after August 6, 2015, and, therefore, apply to Exhibits I–1, I–2, I–11—I–16, I–20, I–21, and I–30— these AD investigations. See Applicability Notice, 23 Id.; see also Volume IV of the Petitions at BR– I–60; see also Silicon Metal from Australia, Brazil, 80 FR at 46794–95. AD 2C. Kazakhstan, and Norway; Antidumping and 33 In accordance with section 505(a) of the Trade 24 See Brazil AD Initiation Checklist. Countervailing Duty Petition: Revised Exhibit I–46, Preferences Extension Act of 2015, amending 25 dated March 14, 2017. Id.; see also Volume IV of the Petitions at 4– section 773(b)(2) of the Act, for these investigations, 21 See Australia AD Initiation Checklist, at 5, and Exhibit BR–AD 2A. the Department will request information necessary Attachment III, Analysis of Allegations and 26 See Australia AD Initiation Checklist and to calculate the CV and COP to determine whether Evidence of Material Injury and Causation for the Norway AD Initiation Checklist. there are reasonable grounds to believe or suspect Antidumping and Countervailing Duty Petitions 27 Id. that sales of the foreign like product have been Covering Silicon Metal from Australia, Brazil, 28 See Volume II of the Petitions at 1–3 and made at prices that represent less than the COP of Kazakhstan, and Norway (Attachment III); see also Exhibit AU–AD 2A and Volume VII of the Petitions the product. The Department no longer requires a Brazil AD Initiation Checklist, at Attachment III; at 1–4 and Exhibit NO–AD 2A; and Australia AD COP allegation to conduct this analysis. and Norway AD Initiation Checklist, at Attachment Initiation Checklist and Norway AD Initiation 34 See Australia AD Initiation Checklist. III. Checklist. 35 Id.

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For Brazil, the petitioner calculated 28.58 to 52.81 percent for Australia; 43 submit rebuttal comments should COM based on its own experience 15.41 to 28.24 percent for Brazil; 44 and submit those comments five calendar during the POI, adjusted for known 32.25 and 45.66 percent for Norway.45 days after the deadline for the initial differences based on information Based on comparisons of EP or CEP to comments. available to the petitioner.36 The CV in accordance with sections 772 and Although the Department normally petitioner valued material inputs using 773(e) of the Act, the estimated relies on the number of producers/ publicly available data for the prices of dumping margins are as follows: 42.33 exporters identified in the petition and/ these inputs, where possible. The and 45.77 percent for Australia,46 and or import data from CBP to determine petitioner used its own cost for one 121.79 to 134.92 percent for Brazil.47 whether to select a limited number of material input, as it was unable to find Initiation of Less-Than-Fair-Value producers/exporters for individual a publicly-available price for this input. Investigations examination in AD investigations, the The petitioner valued labor and energy petitioner identified only one company inputs for silicon metal using publicly Based upon the examination of the as a producer/exporter of silicon metal available data multiplied by the AD Petitions, we find that they meet the in Australia: Simcoa, and two requirements of section 732 of the Act. product-specific usage rates.37 The companies in Norway: Elkem AS and Therefore, we are initiating AD 49 petitioner relied on the 2015 financial Wacker Chemicals Norway AS. We investigations to determine whether statements of Brazilian silicon metal currently know of no additional imports of silicon metal from Australia, producer Rima Industrial, S.A. (Rima) to producers/exporters of merchandise Brazil, and Norway are being, or are calculate SG&A and depreciation.38 under consideration from these likely to be, sold in the United States at Because Rima’s financial statements do countries and the petitioner provided less than fair value. In accordance with information from independent sources not contain any data on other fixed section 733(b)(1)(A) of the Act and 19 overhead costs or variable overhead as support.50 Accordingly, the CFR 351.205(b)(1), unless postponed, Department intends to examine all costs, the petitioner valued these we will make our preliminary overhead items using its own fixed and known producers/exporters in the determinations no later than 140 days investigations for Australia and Norway variable manufacturing overhead costs after the date of this initiation. to produce silicon metal during the (i.e., the companies cited above for each POI.39 Respondent Selection respective investigation). Parties wishing to comment on respondent For Australia and Brazil, because Based on information from independent sources, the petitioner selection for Australia and Norway must certain home market prices fell below do so within five days of the publication COP in the petitioner’s allegation, identified one company in Australia, five companies in Brazil, and two of this notice in the Federal Register. pursuant to sections 773(a)(4), 773(b), Comments for the above-referenced and 773(e) of the Act, as noted above, companies in Norway, as producers/ exporters of silicon metal.48 With investigations must be filed the petitioner also calculated NVs based electronically using ACCESS. An 40 respect to Brazil, following standard on CV. Pursuant to section 773(e) of electronically-filed document must be the Act, CV consists of the COM, SG&A, practice in AD investigations involving market economy countries, in the event received successfully in its entirety by financial expenses, packing expenses, 5:00 p.m. ET by the dates noted above. and profit. The petitioner calculated CV the Department determines that the number of companies is large, the We intend to finalize our decision using the same COP described above, regarding respondent selection within 41 Department intends to review U.S. adding an amount for profit. For 20 days of publication of this notice. Australia, the petitioner based profit on Customs and Border Protection (CBP) Simcoa’s above-cost home market sales data for U.S. imports under the Distribution of Copies of the Petitions appropriate HTSUS numbers listed with during the POI. For Brazil, the petitioner In accordance with section calculated the profit rate based on the ‘‘Scope of the Investigations,’’ in Appendix I, below; and if it determines 732(b)(3)(A) of the Act and 19 CFR Rima’s financial statements. These rates 351.202(f), copies of the public version were applied to the corresponding total that it cannot individually examine each company based upon the Department’s of the Petitions have been provided to COM, SG&A, and financial expenses the Governments of Australia, Brazil, calculated above to derive CV.42 resources, then the Department will select respondents based on that data. and Norway via ACCESS. To the extent Fair Value Comparisons We also intend to release the CBP data practicable, we will attempt to provide under Administrative Protective Order a copy of the public version of the Based on the data provided by the (APO) to all parties with access to Petitions to each exporter named in the petitioner, there is reason to believe that information protected by APO. Petitions, as provided under 19 CFR imports of silicon metal from Australia, Comments regarding the CBP data and 351.203(c)(2). Brazil, and Norway are being, or are respondent selection should be ITC Notification likely to be, sold in the United States at submitted seven calendar days after the less than fair value. Based on placement of the CBP data on the record We will notify the ITC of our comparisons of EP or CEP to NV, in of the investigation. Parties wishing to initiation, as required by section 732(d) accordance with sections 772 and 773(a) of the Act. of the Act, the estimated dumping 43 See Volume II of the Petitions, at 7 and Exhibit Preliminary Determinations by the ITC margins for silicon metal are as follows: AU–AD1, and Australia AD Initiation Checklist. 44 See Volume IV of the Petitions, at 8–9 and The ITC will preliminarily determine, Exhibit BR–AD1, and Brazil AD Initiation Checklist. within 45 days after the date on which 36 See Brazil AD Initiation Checklist. 45 See Volume VII of the Petitions, at 5 and 37 the Petitions were filed, whether there Id. Exhibit NO–AD1, and Norway AD Initiation 38 Id. Checklist. is a reasonable indication that imports 39 Id. 46 See Volume II of the Petitions, at 7 and Exhibit of silicon metal from Australia, Brazil, 40 See Australia AD Initiation Checklist and Brazil AU–AD1, and Australia AD Initiation Checklist. AD Initiation Checklist. 47 See Volume IV of the Petitions, at 8–9 and 49 Id. 41 Id. Exhibit BR–AD1, and Brazil AD Initiation Checklist. 50 See Volume I of the Petitions at Exhibits I–17 42 Id. 48 See Volume I of the Petitions, at 15–21. and I–20.

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and/or Norway are materially injuring must be made in a separate, stand-alone percent silicon, and less than 4.00 percent or threatening material injury to a U.S. submission; under limited iron, by actual weight. Semiconductor grade industry.51 A negative ITC circumstances we will grant untimely- silicon (merchandise containing at least determination for any country will filed requests for the extension of time 99.99 percent silicon by actual weight and result in the investigation being classifiable under Harmonized Tariff limits. Review Extension of Time Limits; Schedule of the United States (HTSUS) terminated with respect to that Final Rule, 78 FR 57790 (September 20, subheading 2804.61.0000) is excluded from 52 country; otherwise, these 2013), available at http://www.gpo.gov/ the scope of these investigations. investigations will proceed according to fdsys/pkg/FR-2013-09-20/html/2013- Silicon metal is currently classifiable statutory and regulatory time limits. 22853.htm, prior to submitting factual under subheadings 2804.69.1000 and information in these investigations. 2804.69.5000 of the HTSUS. While HTSUS Submission of Factual Information numbers are provided for convenience and Factual information is defined in 19 Certification Requirements customs purposes, the written description of CFR 351.102(b)(21) as: (i) Evidence Any party submitting factual the scope remains dispositive. submitted in response to questionnaires; information in an AD or CVD [FR Doc. 2017–06621 Filed 4–3–17; 8:45 a.m.] (ii) evidence submitted in support of proceeding must certify to the accuracy BILLING CODE 3510–DS–P allegations; (iii) publicly available and completeness of that information.53 information to value factors under 19 Parties are hereby reminded that revised CFR 351.408(c) or to measure the certification requirements are in effect DEPARTMENT OF COMMERCE adequacy of remuneration under 19 CFR for company/government officials, as 351.511(a)(2); (iv) evidence placed on well as their representatives. International Trade Administration the record by the Department; and (v) Investigations initiated on the basis of evidence other than factual information petitions filed on or after August 16, [C–351–851; C–602–811; C–834–808] described in (i)–(iv). Any party, when 2013, and other segments of any AD or submitting factual information, must CVD proceedings initiated on or after Silicon Metal From Australia, Brazil, specify under which subsection of 19 August 16, 2013, should use the formats and Kazakhstan: Initiation of CFR 351.102(b)(21) the information is for the revised certifications provided at Countervailing Duty Investigations being submitted and, if the information 54 the end of the Final Rule. The AGENCY: Enforcement and Compliance, is submitted to rebut, clarify, or correct Department intends to reject factual factual information already on the International Trade Administration, submissions if the submitting party does Department of Commerce. record, to provide an explanation not comply with applicable revised identifying the information already on certification requirements. DATES: Effective March 28, 2017. the record that the factual information FOR FURTHER INFORMATION CONTACT: seeks to rebut, clarify, or correct. Time Notification to Interested Parties Katherine Johnson at (202) 482–4929 limits for the submission of factual Interested parties must submit (Australia); Bob Palmer at (202) 482– information are addressed in 19 CFR applications for disclosure under APO 9068 (Brazil); and Terre Keaton 351.301, which provides specific time in accordance with 19 CFR 351.305. On Stefanova at (202) 482–1280 limits based on the type of factual January 22, 2008, the Department (Kazakhstan), AD/CVD Operations, information being submitted. Parties published Antidumping and Enforcement and Compliance, should review the regulations prior to Countervailing Duty Proceedings: International Trade Administration, submitting factual information in these Documents Submission Procedures; U.S. Department of Commerce, 1401 investigations. APO Procedures, 73 FR 3634 (January Constitution Avenue NW., Washington, Extensions of Time Limits 22, 2008). Parties wishing to participate DC 20230. in these investigations should ensure SUPPLEMENTARY INFORMATION: Parties may request an extension of that they meet the requirements of these time limits before the expiration of a procedures (e.g., the filing of letters of The Petitions time limit established under Part 351, or appearance as discussed in 19 CFR On March 8, 2017, the Department of as otherwise specified by the Secretary. 351.103(d)). Commerce (the Department) received In general, an extension request will be This notice is issued and published countervailing duty (CVD) petitions considered untimely if it is filed after pursuant to section 777(i) of the Act and concerning imports of silicon metal the expiration of the time limit 19 CFR 351.203(c). from Australia, Brazil, and Kazakhstan, established under 19 CFR 351.301. For Dated: March 28, 2017. filed in proper form on behalf of Globe submissions that are due from multiple Ronald K. Lorentzen, Specialty Metals, Inc. (the petitioner). parties simultaneously, an extension With the exception of Kazakhstan, the request will be considered untimely if it Acting Assistant Secretary for Enforcement and Compliance. remaining CVD petitions were is filed after 10:00 a.m. on the due date. accompanied by antidumping duty (AD) Under certain circumstances, we may Appendix I—Scope of the petitions concerning imports of silicon elect to specify a different time limit by Investigations metal from the above countries and which extension requests will be The scope of these investigations covers all Norway.1 The petitioner is a domestic considered untimely for submissions forms and sizes of silicon metal, including producer of silicon metal.2 which are due from multiple parties silicon metal powder. Silicon metal contains On March 9, 2017, and March 13, simultaneously. In such a case, we will at least 85.00 percent but less than 99.99 2017, the Department requested inform parties in the letter or supplemental information pertaining to memorandum setting forth the deadline 53 See section 782(b) of the Act. certain areas of the Petitions with (including a specified time) by which 54 See Certification of Factual Information to extension requests must be filed to be Import Administration during Antidumping and 1 considered timely. An extension request Countervailing Duty Proceedings, 78 FR 42678 (July See ‘‘Silicon Metal from Australia, Brazil, 17, 2013) (Final Rule); see also frequently asked Kazakhstan, and Norway; Antidumping and questions regarding the Final Rule, available at Countervailing Duty Petition,’’ dated March 8, 2017 51 See section 733(a) of the Act. http://enforcement.trade.gov/tlei/notices/factual_ (Petitions). 52 Id. info_final_rule_FAQ_07172013.pdf. 2 Id., Volume I at 1.

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respect to Australia 3 and Brazil. 4 The full description of the scope of these electronic submission requirements petitioner filed responses to these investigations, see Appendix I of this must be filed manually (i.e., in paper requests on March 14, 2017, and March notice. form) with Enforcement and 15, 2017.56 Compliance’s APO/Dockets Unit, Room Comments on Scope of the In accordance with section 702(b)(1) 18022, U.S. Department of Commerce, Investigations of the Tariff Act of 1930, as amended 1401 Constitution Avenue NW., (the Act), the petitioner alleges that As discussed in the preamble to the Washington, DC 20230, and stamped imports of silicon metal from Australia, Department’s regulations, we are setting with the date and time of receipt by the Brazil, and Kazakhstan received aside a period for interested parties to applicable deadlines. countervailable subsidies from the raise issues regarding product coverage Governments of Australia, Brazil, and (scope). The Department will consider Consultations Kazakhstan, respectively, within the all comments received from parties and, Pursuant to section 702(b)(4)(A)(i) of meaning of sections 701 and 771(5) of if necessary, will consult with parties the Act, the Department notified the Act, and that such imports are prior to the issuance of the preliminary representatives of the Governments of materially injuring, or threatening determinations. If scope comments Australia, Brazil and Kazakhstan of the material injury to, an industry in the include factual information (see 19 CFR receipt of the Petitions. Also, following United States. Also, consistent with 351.102(b)(21)), all such factual invitations extended in accordance with section 702(b)(1) of the Act, for those information should be limited to public section 702(b)(4)(A)(ii) of the Act, on alleged programs on which we are information. To facilitate preparation of March 16, 20 and 24, 2017, respectively, initiating CVD investigations, the its questionnaires, the Department consultations with the Governments of Petitions are accompanied by requests all interested parties to submit Australia, Brazil and Kazakhstan at the information reasonably available to the such comments by 5:00 p.m. Eastern Department’s main building. petitioner supporting their allegations. Time (ET) on April 17, 2017, which is Memoranda regarding these The Department finds that the 20 calendar days from the signature date consultations are available petitioner filed the Petitions on behalf of of this notice. Any rebuttal comments, electronically via ACCESS. the domestic industry because the which may include factual information Determination of Industry Support for petitioner is an interested party as (also limited to public information), the Petitions defined in section 771(9)(C) of the Act. must be filed by 5:00 p.m. ET (Eastern The Department also finds that the Time) on April 27, 2017, which is 10 Section 702(b)(1) of the Act requires petitioner demonstrated sufficient calendar days after the initial that a petition be filed on behalf of the industry support with respect to the comments. All such comments must be domestic industry. Section 702(c)(4)(A) initiation of the CVD investigations that filed on the records of each of the of the Act provides that a petition meets the petitioner is requesting.7 concurrent AD and CVD investigations. this requirement if the domestic producers or workers who support the Period of Investigations The Department requests that any factual information the parties consider petition account for: (i) At least 25 Because the petitions were filed on relevant to the scope of these percent of the total production of the March 8, 2017, the period of investigations be submitted during this domestic like product; and (ii) more investigation (POI) for each time period. However, if a party than 50 percent of the production of the investigation is January 1, 2016, through subsequently believes that additional domestic like product produced by that 8 December 31, 2016. factual information pertaining to the portion of the industry expressing support for, or opposition to, the Scope of the Investigations scope of the investigations may be relevant, the party may contact the petition. Moreover, section 702(c)(4)(D) The product covered by these Department and request permission to of the Act provides that, if the petition investigations is silicon metal from submit the additional information. As does not establish support of domestic Australia, Brazil, and Kazakhstan. For a stated above, all such comments must producers or workers accounting for be filed on the records of each of the more than 50 percent of the total 3 See Letter from the Department, ‘‘Petition for the concurrent AD and CVD investigations. production of the domestic like product, Imposition of Countervailing Duties on Imports of the Department shall: (i) Poll the Silicon Metal from Australia: Supplemental Questions,’’ March 13, 2017. Filing Requirements industry or rely on other information in 4 See Letter from the Department ‘‘Petition for the All submissions to the Department order to determine if there is support for Imposition of Countervailing Duties on Imports of must be filed electronically using the petition, as required by Silicon Metal from Brazil: Supplemental subparagraph (A); or (ii) determine Questions,’’ March 9, 2017; see also Memorandum Enforcement and Compliance’s to the File from Bob Palmer, ‘‘Countervailing Duty Antidumping and Countervailing Duty industry support using a statistically Investigation on Silicon Metal from Brazil: Phone Centralized Electronic Service System valid sampling method to poll the Call with Petitioner,’’ March 15, 2017. (ACCESS).9 An electronically-filed ‘‘industry.’’ 5 See Letter from the petitioner, re: ‘‘Silicon Metal document must be received successfully Section 771(4)(A) of the Act defines from Brazil; Countervailing Duty Investigation; the ‘‘industry’’ as the producers as a Response to Deficiency Questionnaire,’’ dated in its entirety by the time and date it is March 14, 2017, and Letter from the petitioners, re: due. Documents excepted from the whole of a domestic like product. Thus, ‘‘Silicon Metal from Australia; Countervailing Duty to determine whether a petition has the Investigation; Response to Deficiency 9 See 19 CFR 351.303 (for general filing requisite industry support, the statute Questionnaire,’’ dated March 15, 2017. requirements); see also Antidumping and directs the Department to look to 6 The petitioner also submitted information Countervailing Duty Proceedings: Electronic Filing producers and workers who produce the regarding the average useful life of assets used to Procedures; Administrative Protective Order produced silicon metal on the record of the Procedures, 76 FR 39263 (July 6, 2011), for details domestic like product. The International Kazakhstan proceeding. See Letter from the of the Department’s electronic filing requirements, Trade Commission (ITC), which is petitioner, re: ‘‘Silicon Metal from Kazakhstan; which went into effect on August 5, 2011. responsible for determining whether Countervailing Duty Investigation; Information on Information on help using ACCESS can be found at ‘‘the domestic industry’’ has been Useful Lives of Assets,’’ dated March 15, 2017. https://access.trade.gov/help.aspx, and a handbook 7 See ‘‘Determination of Industry Support for the can be found at https://access.trade.gov/help/ injured, must also determine what Petitions’’ section, below. Handbook%20on%20Electronic%20Filling constitutes a domestic like product in 8 See 19 CFR 351.204(b)(2). %20Procedures.pdf. order to define the industry. While both

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the Department and the ITC must apply product by the entire U.S. industry.13 under section 702(c)(4)(A)(ii) of the Act the same statutory definition regarding The petitioner also provided a letter because the domestic producers (or the domestic like product,10 they do so from the United Steel, Paper and workers) who support the Petitions for different purposes and pursuant to a Forestry, Rubber, Manufacturing, account for more than 50 percent of the separate and distinct authority. In Energy, Allied Industrial and Service production of the domestic like product addition, the Department’s Workers International Union (USW), produced by that portion of the industry determination is subject to limitations of stating that the USW represents the expressing support for, or opposition to, time and information. Although this workers at the petitioner’s Alloy, WV the Petitions.21 Accordingly, the may result in different definitions of the and Niagara Falls, NY silicon metal Department determines that the like product, such differences do not plants and it supports the Petitions.14 In Petitions were filed on behalf of the render the decision of either agency addition, the petitioner provided a letter domestic industry within the meaning contrary to law.11 of support for the Petitions from the of section 702(b)(1) of the Act. Section 771(10) of the Act defines the Industrial Division of the The Department finds that the domestic like product as ‘‘a product Communications Workers of America petitioner filed the Petitions on behalf of which is like, or in the absence of like, (IEU–CWA), stating that the IEU–CWA the domestic industry because it is an most similar in characteristics and uses represents the workers at the interested party as defined in section with, the article subject to an petitioner’s Selma, AL plant and it 771(9)(C) of the Act and it has investigation under this title.’’ Thus, the supports the Petitions.15 To establish demonstrated sufficient industry reference point from which the industry support, the petitioner support with respect to the CVD domestic like product analysis begins is compared its production to the total investigations that it is requesting the ‘‘the article subject to an investigation’’ 2016 production of the domestic like Department initiate.22 product for the entire domestic (i.e., the class or kind of merchandise to Injury Test be investigated, which normally will be industry.16 We relied on the data the the scope as defined in the petition). petitioner provided for purposes of Because Australia, Brazil, and measuring industry support.17 Kazakhstan are ‘‘Subsidies Agreement Regarding the domestic like product, Our review of the data provided in the Countries’’ within the meaning of the petitioner does not offer a definition Petitions and other information readily section 701(b) of the Act, section of the domestic like product distinct available to the Department indicates 701(a)(2) of the Act applies to these from the scope of these investigations. that the petitioner has established investigations. Accordingly, the ITC Based on our analysis of the information industry support.18 First, the Petitions must determine whether imports of the submitted on the record, we have established support from domestic subject merchandise from these determined that silicon metal, as producers (or workers) accounting for countries materially injure, or threaten defined in the scope, constitutes a single more than 50 percent of the total material injury to, a U.S. industry. domestic like product and we have production of the domestic like product analyzed industry support in terms of Allegations and Evidence of Material and, as such, the Department is not that domestic like product.12 Injury and Causation required to take further action in order In determining whether the petitioner to evaluate industry support (e.g., The petitioner alleges that imports of has standing under section 702(c)(4)(A) polling).19 Second, the domestic the subject merchandise are benefitting of the Act, we considered the industry producers (or workers) have met the from countervailable subsidies and that support data contained in the Petitions statutory criteria for industry support such imports are causing, or threaten to with reference to the domestic like under section 702(c)(4)(A)(i) of the Act cause, material injury to the U.S. product as defined in the ‘‘Scope of the because the domestic producers (or industry producing the domestic like Investigations,’’ in Appendix I of this workers) who support the Petitions product. In addition, the petitioner notice. The petitioner provided its own account for at least 25 percent of the alleges that subject imports exceed the production of the domestic like product total production of the domestic like negligibility thresholds provided for in 2016, as well as estimated 2016 product.20 Finally, the domestic under section 771(24)(A) of the Act.23 production data of the domestic like producers (or workers) have met the The petitioner also demonstrates that statutory criteria for industry support subject imports from Brazil, which has 10 See section 771(10) of the Act. been designated as a developing country 11 See USEC, Inc. v. United States, 132 F. Supp. 13 See Petitions, Volume I at 1, 3–4 and Exhibits under section 771(36)(A) of the Act, 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. I–1 and I–2. exceed the negligibility threshold of v. United States, 688 F. Supp. 639, 644 (CIT 1988), 14 See Petitions, Volume I at 4 and Exhibit I–5. aff’d 865 F.2d 240 (Fed. Cir. 1989)). four percent provided for under section 15 Id., at 4 and Exhibit I–6. 24 12 For a discussion of the domestic like product 771(24)(B) of the Act. 16 Id., at 3–4 and Exhibit I–2. analysis in this case, see Countervailing Duty The petitioner contends that the 17 Id. For further discussion, see Australia CVD Investigation Initiation Checklist: Silicon Metal industry’s injured condition is from Australia (Australia CVD Initiation Checklist), Initiation Checklist, at Attachment II; Brazil CVD at Attachment II, Analysis of Industry Support for Initiation Checklist, at Attachment II; and illustrated by reduced market share; the Antidumping and Countervailing Duty Petitions Kazakhstan CVD Initiation Checklist, at Attachment underselling and price suppression or Covering Silicon Metal from Australia, Brazil, II. depression; lost sales and revenues; 18 Kazakhstan, and Norway (Attachment II); See Australia CVD Initiation Checklist, at declines in production, production Countervailing Duty Investigation Initiation Attachment II; Brazil CVD Initiation Checklist, at Checklist: Silicon Metal from Brazil (Brazil CVD Attachment II; and Kazakhstan CVD Initiation capacity, capacity utilization, and U.S. Initiation Checklist), at Attachment II; and Checklist, at Attachment II. shipments; increase in inventories; Countervailing Duty Investigation Initiation 19 See section 702(c)(4)(D) of the Act; see also declines in average number of workers, Checklist: Silicon Metal from Kazakhstan Australia CVD Initiation Checklist, at Attachment II; hours worked, and wages paid; and (Kazakhstan CVD Initiation Checklist), at Brazil CVD Initiation Checklist, at Attachment II; Attachment II. These checklists are dated and Kazakhstan CVD Initiation Checklist, at 21 concurrently with this notice and on file Attachment II. Id. electronically via ACCESS. Access to documents 20 See Australia CVD Initiation Checklist, at 22 Id. filed via ACCESS is also available in the Central Attachment II; Brazil CVD Initiation Checklist, at 23 See Petitions, Volume I at 38–39 and Exhibit Records Unit, Room B8024 of the main Department Attachment II; and Kazakhstan CVD Initiation I–45. of Commerce building. Checklist, at Attachment II. 24 Id.

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declines in financial performance.25 We Australia information protected by APO. have assessed the allegations and Based on our review of the petition, Comments regarding the CBP data and supporting evidence regarding material we find that there is sufficient respondent selection should be injury, threat of material injury, and information to initiate a CVD submitted seven calendar days after the causation, and we have determined that investigation on all three alleged placement of the CBP data on the record these allegations are properly supported programs. For a full discussion of the of the investigation. Parties wishing to by adequate evidence, and meet the basis for our decision to initiate on each submit rebuttal comments should statutory requirements for initiation.26 program, see the Australia CVD submit those comments five calendar Initiation Checklist. days after the deadline for the initial Initiation of CVD Investigations comments. Brazil Although the Department normally Section 702(b)(1) of the Act requires Based on our review of the petition, relies on the number of producers/ the Department to initiate a CVD exporters identified in the petition and/ investigation whenever an interested we find that there is sufficient information to initiate a CVD or import data from CBP to determine party files a CVD petition on behalf of whether to select a limited number of an industry that (1) alleges the elements investigation on all six alleged programs. For a full discussion of the producers/exporters for individual necessary for an imposition of a duty basis for our decision to initiate on each examination in CVD investigations, the under section 701(a) of the Act and (2) program, see the Brazil CVD Initiation petitioner identified only one company is accompanied by information Checklist. as a producer/exporter of silicon metal reasonably available to the petitioner in Australia: Simcoa Operations Pty supporting the allegations. Kazakhstan Ltd., and two companies in Kazakhstan: The petitioner alleges that producers/ Based on our review of the petition, (1) LLP Tau-Ken Temir, and; (2) LLP exporters of silicon metal in Australia, we find that there is sufficient Metallurgical Combine Kaz Silicon. We Brazil, and Kazakhstan benefit from information to initiate a CVD currently know of no additional countervailable subsidies bestowed by investigation on five of the six alleged producers/exporters of merchandise the governments of these countries, programs. For a full discussion of the under consideration from Australia and respectively. The Department examined basis for our decision to initiate or not Kazakhstan and the petitioner provided the Petitions and finds that they comply initiate on each program, see the information from independent sources 32 with the requirements of section Kazakhstan CVD Initiation Checklist. as support. Accordingly, the 702(b)(1) of the Act. Therefore, in A public version of the initiation Department intends to examine all accordance with section 702(b)(1) of the checklist for each investigation is known producers/exporters in the investigations for Australia and Act, we are initiating these CVD available on ACCESS. Kazakhstan (i.e., the companies cited investigations to determine whether In accordance with section 703(b)(1) above for each respective investigation). manufacturers, producers, and/or of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our Parties wishing to comment on exporters of silicon metal from preliminary determinations no later respondent selection for Australia and Australia, Brazil, and Kazakhstan than 65 days after the date of this Kazakhstan must do so within five days receive countervailable subsidies from initiation. of the publication of this notice in the the governments of these countries, Federal Register. respectively. Respondent Selection Comments must be filed Under the Trade Preferences Based on information from electronically using ACCESS. An Extension Act of 2015, numerous independent sources, the petitioner electronically-filed document must be amendments to the AD and CVD laws identified one company in Australia,29 received successfully, in its entirety, by were made.27 The amendments to five companies in Brazil,30 and two ACCESS no later than 5:00 p.m. ET on sections 776 and 782 of the Act are companies in Kazakhstan as producers/ the date noted above. We intend to applicable to all determinations made exporters of silicon metal.31 With finalize our decision regarding on or after August 6, 2015, and, respect to Brazil, following standard respondent selection within 20 days of therefore, apply to these CVD practice in CVD investigations, in the publication of this notice. 28 event the Department determines that investigations. Distribution of Copies of the Petitions the number of companies is large, the In accordance with section 25 See Petitions, Volume I at 25–53 and Exhibits Department intends to review U.S. I–1, I–2, I–11—I–16, I–20, I–21, and I–30—I–60; see Customs and Border Protection (CBP) 702(b)(4)(A)(i) of the Act and 19 CFR also Silicon Metal from Australia, Brazil, data for U.S. imports under the 351.202(f), a copy of the public version Kazakhstan, and Norway; Antidumping and appropriate HTSUS numbers listed with of the Petitions have been provided to Countervailing Duty Petition: Revised Exhibit I–46, the Governments of Australia, Brazil dated March 14, 2017. the ‘‘Scope of the Investigations,’’ in 26 See Australia CVD Initiation Checklist, at Appendix I, below; and if it determines and Kazakhstan via ACCESS. To the Attachment III, Analysis of Allegations and that it cannot individually examine each extent practicable, we will attempt to Evidence of Material Injury and Causation for the company based upon the Department’s provide a copy of the public version of Antidumping and Countervailing Duty Petitions the Petitions to each known exporter (as Covering Silicon Metal from Australia, Brazil, resources, then the Department will Kazakhstan, and Norway (Attachment III); see also select respondents based on those data. named in the Petitions), consistent with Brazil CVD Initiation Checklist, at Attachment III; We also intend to release the CBP data 19 CFR 351.203(c)(2). and Kazakhstan CVD Initiation Checklist, at under Administrative Protective Order ITC Notification Attachment III. (APO) to all parties with access to 27 See Trade Preferences Extension Act of 2015, We will notify the ITC of our Public Law 114–27, 129 Stat. 362 (2015). See also, initiation, as required by section 702(d) Dates of Application of Amendments to the 29 See Petitions, Volume I at 15–16 and Exhibit Antidumping and Countervailing Duty Laws Made I–19 and 20. of the Act. by the Trade Preferences Extension Act of 2015, 80 30 See Petitions, Volume I at 16–19 and Exhibit FR 46793 (August 6, 2015) (Applicability Notice). I–20 and 21. 32 See Petitions, Volume I at Exhibits I–17 and I– 28 See Applicability Notice, 80 FR at 46794–95. 31 See Petitions, Volume I at 19 and Exhibit I–20. 20.

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Preliminary Determinations by the ITC from multiple parties simultaneously. In Dated: March 28, 2017. The ITC will preliminarily determine, such a case, we will inform parties in Ronald K. Lorentzen, within 45 days after the date on which the letter or memorandum setting forth Acting Assistant Secretary for Enforcement the Petitions were filed, whether there the deadline (including a specified time) and Compliance. is a reasonable indication that imports by which extension requests must be Appendix I of silicon metal from Australia, Brazil, filed to be considered timely. An and/or Kazakhstan are materially extension request must be made in a Scope of the Investigations injuring, or threatening material injury separate, stand-alone submission; under The scope of these investigation covers all to, a U.S. industry.33 A negative ITC limited circumstances we will grant forms and sizes of silicon metal, including determination will result in the untimely-filed requests for the extension silicon metal powder. Silicon metal contains at least 85.00 percent but less than 99.99 investigation being terminated with of time limits. Review Extension of 34 percent silicon, and less than 4.00 percent respect to that country. Otherwise, Time Limits; Final Rule, 78 FR 57790 iron, by actual weight. Semiconductor grade these investigations will proceed (September 20, 2013), available at silicon (merchandise containing at least according to statutory and regulatory http://www.gpo.gov/fdsys/pkg/FR-2013- 99.99 percent silicon by actual weight and time limits. 09-20/html/2013-22853.htm, prior to classifiable under Harmonized Tariff Submission of Factual Information submitting factual information in these Schedule of the United States (HTSUS) subheading 2804.61.0000) is excluded from Factual information is defined in 19 investigations. the scope of these investigations. CFR 351.102(b)(21) as: (i) Evidence Certification Requirements Silicon metal is currently classifiable submitted in response to questionnaires; under subheadings 2804.69.1000 and (ii) evidence submitted in support of Any party submitting factual 2804.69.5000 of the HTSUS. While HTSUS allegations; (iii) publicly available information in an AD or CVD numbers are provided for convenience and information to value factors under 19 customs purposes, the written description of proceeding must certify to the accuracy the scope remains dispositive. CFR 351.408(c) or to measure the and completeness of that information.35 [FR Doc. 2017–06622 Filed 4–3–17; 8:45 am] adequacy of remuneration under 19 CFR Parties are hereby reminded that revised 351.511(a)(2); (iv) evidence placed on certification requirements are in effect BILLING CODE 3510–DS–P the record by the Department; and (v) for company/government officials, as evidence other than factual information well as their representatives. DEPARTMENT OF COMMERCE described in (i)–(iv). Any party, when Investigations initiated on the basis of submitting factual information, must petitions filed on or after August 16, International Trade Administration specify under which subsection of 19 2013, and other segments of any AD or CFR 351.102(b)(21) the information is CVD proceedings initiated on or after being submitted and, if the information [A–428–844] is submitted to rebut, clarify, or correct August 16, 2013, should use the formats Certain Carbon and Alloy Steel Cut-to- factual information already on the for the revised certifications provided at 36 Length Plate From the Federal record, to provide an explanation the end of the Final Rule. The Republic of Germany: Final identifying the information already on Department intends to reject factual Determination of Sales at Less Than the record that the factual information submissions if the submitting party does Fair Value seeks to rebut, clarify, or correct. Time not comply with the applicable revised limits for the submission of factual certification requirements. AGENCY: Enforcement and Compliance, information are addressed in 19 CFR Notification to Interested Parties International Trade Administration, 351.301, which provides specific time Department of Commerce. limits based on the type of factual Interested parties must submit SUMMARY: information being submitted. Parties applications for disclosure under APO The Department of Commerce (the Department) determines that certain should review the regulations prior to in accordance with 19 CFR 351.305. On carbon and alloy steel cut-to-length submitting factual information in these January 22, 2008, the Department plate (CTL plate) from the Federal investigations. published Antidumping and Republic of Germany (Germany) is Extension of Time Limits Regulation Countervailing Duty Proceedings: being, or is likely to be, sold in the Parties may request an extension of Documents Submission Procedures; United States at less than fair value time limits before the expiration of a APO Procedures, 73 FR 3634 (January (LTFV). The period of investigation time limit established under 19 CFR 22, 2008). Parties wishing to participate (POI) is April 1, 2015, through March 351.301, or as otherwise specified by the in these investigations should ensure 31, 2016. The final dumping margins of Secretary. In general, an extension that they meet the requirements of these sales at LTFV are listed below in the request will be considered untimely if it procedures (e.g., the filing of letters of ‘‘Final Determination’’ section of this is filed after the expiration of the time appearance as discussed at 19 CFR notice. limit established under 19 CFR 351.301. 351.103(d)). DATES: Effective April 4, 2017. For submissions that are due from This notice is issued and published multiple parties simultaneously, an pursuant to sections 702 and 777(i) of FOR FURTHER INFORMATION CONTACT: Ross extension request will be considered the Act. Belliveau or David Goldberger, AD/CVD untimely if it is filed after 10:00 a.m. on Operations, Office II, Enforcement and the due date. Under certain 35 Compliance, International Trade circumstances, we may elect to specify See section 782(b) of the Act. 36 Administration, U.S. Department of a different time limit by which See Certification of Factual Information To Import Administration During Antidumping and Commerce, 1401 Constitution Avenue extension requests will be considered Countervailing Duty Proceedings, 78 FR 42678 (July NW., Washington, DC 20230; telephone: untimely for submissions which are due 17, 2013) (‘‘Final Rule’’); see also frequently asked (202) 482–4952 and (202) 482–4136, questions regarding the Final Rule, available at respectively. 33 See section 703(a)(2) of the Act. http://enforcement.trade.gov/tlei/notices/factual_ 34 See section 703(a)(1) of the Act. info_final_rule_FAQ_07172013.pdf. SUPPLEMENTARY INFORMATION:

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Background conducted verification of the sales and rate based on a weighted average of On November 14, 2016, the cost information submitted by AG der Dillinger’s and Salzgitter’s margins Department published the Preliminary Dillinger Hu¨ ttenwerke (Dillinger) and using publicly-ranged quantities of their Determination of sales at LTFV of CTL Ilsenburger Grobblech GmbH, Salzgitter sales of subject merchandise.5 1 Mannesmann Grobblech GmbH, plate from Germany. On November 29, Final Determination 2016, we amended our Preliminary Salzgitter Flachstahl GmbH, and Salzgitter Mannesmann International Determination.2 A summary of the The final weighted-average dumping GmbH (collectively, Salzgitter) for use events that occurred since the margins are as follows: Department published the Preliminary in our final determination. We used standard verification procedures, Determination, as well as a full Weighted- discussion of the issues raised by parties including an examination of relevant average for this final determination, may be accounting and production records, and Exporter/manufacturer dumping margins found in the Issues and Decision original source documents provided by 4 (percent) Memorandum, which is hereby adopted Dillinger and Salzgitter. by this notice.3 Changes Since the Preliminary AG der Dillinger Hu¨ttenwerke ... 5.38 Scope of the Investigation Determination Ilsenburger Grobblech GmbH, Based on our analysis of the Salzgitter Mannesmann The scope of the investigation covers Grobblech GmbH, Salzgitter CTL plate from Germany. For a comments received and our findings at Flachstahl GmbH, and complete description of the scope of the verification, we made certain changes to Salzgitter Mannesmann Inter- investigation, see Appendix I. the margin calculations for Dillinger and national GmbH ...... 22.90 Salzgitter. For a discussion of these All Others ...... 21.03 Analysis of Comments Received changes, see the ‘‘Margin Calculations’’ All issues raised in the case and section of the Issues and Decision Disclosure rebuttal briefs by parties in this Memorandum. investigation are addressed in the Issues All-Others Rate We will disclose the calculations and Decision Memorandum. A list of performed within five days of the date Section 735(c)(5)(A) of the the Act the issues raised is attached to this of publication of this notice to parties in provides that the estimated all-others notice as Appendix II. The Issues and this proceeding in accordance with 19 rate shall be an amount equal to the Decision Memorandum is a public CFR 351.224(b). weighted average of the estimated document and is on file electronically weighted-average dumping margins via Enforcement and Compliance’s Continuation of Suspension of established for exporters and producers Antidumping and Countervailing Duty Liquidation individually investigated excluding any Centralized Electronic Service System zero or de minimis margins, and In accordance with section (ACCESS). ACCESS is available to margins determined entirely under 735(c)(1)(B) of the Act, the Department registered users at https:// section 776 of the Act. will instruct U.S. Customs and Border access.trade.gov, and it is available to For the final determination, the Protection (CBP) to continue to suspend all parties in the Central Records Unit, Department calculated the all-others liquidation of all appropriate entries of room B–8024 of the main Department of CTL plate from Germany, as described Commerce building. In addition, a 4 For discussion of our verification findings, see in Appendix I of this notice, which were complete version of the Issues and the following memoranda: Memorandum, entered, or withdrawn from warehouse, Decision Memorandum can be accessed ‘‘Verification of the Sales Response of AG der for consumption on or after November directly at http://enforcement.trade.gov/ Dillinger Hu¨ ttenwerke in the Antidumping Duty frn/index.html. The signed and Investigation of Certain Carbon and Alloy Steel Cut- 14, 2016, the date of publication of the to-Length Plate From Germany,’’ dated December preliminary determination of this electronic versions of the Issues and 20, 2016; Memorandum, ‘‘Verification of Berg Steel Decision Memorandum are identical in Pipe Corp. in the Antidumping Duty Investigation investigation in the Federal Register. content. of Certain Carbon and Alloy Steel Cut-to-Length Further, the Department will instruct Plate From Germany,’’ dated January 4, 2017; CBP to require a cash deposit equal to Verification Memorandum, ‘‘Verification of the Cost Response of Salzgitter AG in the Antidumping Duty the estimated amount by which the As provided in section 782(i) of the Investigation of Certain Carbon and Alloy Steel Cut- normal value exceeds the U.S. price as Tariff Act of 1930, as amended (the Act), To-Length Plate from Federal Republic of shown above. in November and December 2016, we Germany,’’ dated January 4, 2017; Memorandum, ‘‘Verification of the Sales Response of Berg Steel Pipe Corp. in the Antidumping Duty Investigation 5 See Memorandum, ‘‘Certain Carbon and Alloy 1 See Certain Carbon and Alloy Steel Cut-to- of Certain Carbon and Alloy Steel Cut-To-Length Steel Cut-to-Length Plate From Germany: Length Plate From the Federal Republic of Plate from the Federal Republic of Germany,’’ dated Calculation of the Final Margin for All Other Germany: Preliminary Determination of Sales at January 25, 2017; Memorandum, ‘‘Verification of Companies,’’ dated March 29, 2017. With two Less Than Fair Value and Postponement of Final the Home Market Sales Response of Salzgitter respondents, we normally calculate (A) a weighted- Determination, 81 FR 79446 (November 14, 2016) Mannesmann Grobblech GmbH in the Antidumping average of the dumping margins calculated for the (Preliminary Determination). Duty Investigation of Certain Carbon and Alloy mandatory respondents; (B) a simple average of the 2 See Certain Carbon and Alloy Steel Cut-to- Steel Cut-to-Length Plate From the Federal Republic dumping margins calculated for the mandatory Length Plate From the Federal Republic of of Germany,’’ dated January 31, 2017; respondents; and (C) a weighted-average of the Germany: Amended Preliminary Determination of Memorandum, ‘‘Verification of the Sales Response dumping margins calculated for the mandatory Sales at Less Than Fair Value, 81 FR 85930 of Salzgitter Mannesmann International GmbH in respondents using each company’s publicly-ranged (November 29, 2016) (Amended Preliminary the Antidumping Duty Investigation of Certain values for the merchandise under consideration. We Determination). Carbon and Alloy Steel Cut-to-Length Plate From compare (B) and (C) to (A) and select the rate closest 3 See Memorandum, ‘‘Issues and Decision the Federal Republic of Germany,’’ dated February to (A) as the most appropriate rate for all other Memorandum for the Final Affirmative 1, 2017; Memorandum, ‘‘Verification of the Sales companies. See Ball Bearings and Parts Thereof Determination in the Less-Than-Fair-Value Response of Salzgitter Mannesmann Stahlhandel From France, Germany, Italy, Japan, and the United Investigation of Certain Carbon and Alloy Steel Cut- GmbH International GmbH in the Antidumping Kingdom: Final Results of Antidumping Duty to-Length Plate From Germany,’’ dated concurrently Duty Investigation of Certain Carbon and Alloy Administrative Reviews, Final Results of Changed- with this notice (Issues and Decision Steel Cut-to-Length Plate From the Federal Republic Circumstances Review, and Revocation of an Order Memorandum). of Germany,’’ dated February 1, 2017. in Part, 75 FR 53661, 53663 (September 1, 2010).

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International Trade Commission (ITC) patterns in relief), and (2) hot-rolled or forged • T9074–BD–GIB–010/0300 Grade HY80, Notification flat steel products of a thickness of 4.75 mm • T9074–BD–GIB–010/0300 Grade HY100, or more and of a width which exceeds 150 • T9074–BD–GIB–010/0300 Grade HSLA80, In accordance with section 735(d) of mm and measures at least twice the • T9074–BD–GIB–010/0300 Grade HSLA100, the Act, we will notify the ITC of the thickness, and which are not in coils, and final affirmative determination of sales whether or not with patterns in relief. The • T9074–BD–GIB–010/0300 Mod. Grade at LTFV. Because the final covered products described above may be HSLA115, determination in this proceeding is rectangular, square, circular or other shapes except that any cut-to-length plate certified to affirmative, in accordance with section and include products of either rectangular or one of the above specifications, or to a 735(b)(2) of the Act, the ITC will make non-rectangular cross-section where such military grade armor specification that non-rectangular cross-section is achieved its final determination as to whether the references and incorporates one of the above subsequent to the rolling process, i.e., specifications, will not be excluded from the domestic industry in the United States products which have been ‘‘worked after scope if it is also dual- or multiple-certified is materially injured, or threatened with rolling’’ (e.g., products which have been to any other non-armor specification that material injury, by reason of imports of beveled or rounded at the edges). otherwise would fall within the scope of this CTL plate from Germany no later than For purposes of the width and thickness investigation; 45 days after our final determination. If requirements referenced above, the following (3) stainless steel plate, containing 10.5 the ITC determines that material injury rules apply: percent or more of chromium by weight and or threat of material injury does not (1) except where otherwise stated where not more than 1.2 percent of carbon by the nominal and actual thickness or width exist, the proceeding will be terminated weight; measurements vary, a product from a given (4) CTL plate meeting the requirements of and all cash deposits will be refunded. subject country is within the scope if ASTM A–829, Grade E 4340 that are over 305 If the ITC determines that such injury application of either the nominal or actual mm in actual thickness; does exist, the Department will issue an measurement would place it within the scope (5) Alloy forged and rolled CTL plate antidumping duty order directing CBP based on the definitions set forth above; and greater than or equal to 152.4 mm in actual to assess, upon further instruction by (2) where the width and thickness vary for thickness meeting each of the following the Department, antidumping duties on a specific product (e.g., the thickness of requirements: all imports of the subject merchandise certain products with non-rectangular cross- (a) Electric furnace melted, ladle refined & section, the width of certain products with entered, or withdrawn from warehouse, vacuum degassed and having a chemical non-rectangular shape, etc.), the composition (expressed in weight for consumption on or after the effective measurement at its greatest width or percentages): date of the suspension of liquidation. thickness applies. • Carbon 0.23–0.28, Steel products included in the scope of this • Silicon 0.05–0.20, Notification Regarding Administrative investigation are products in which: (1) Iron • Manganese 1.20–1.60, Protective Orders (APO) predominates, by weight, over each of the • Nickel not greater than 1.0, other contained elements; and (2) the carbon This notice serves as a reminder to • Sulfur not greater than 0.007, content is 2 percent or less by weight. parties subject to APO of their • Phosphorus not greater than 0.020, Subject merchandise includes cut-to-length responsibility concerning the • Chromium 1.0–2.5, plate that has been further processed in the • Molybdenum 0.35–0.80, disposition of proprietary information subject country or a third country, including • Boron 0.002–0.004, disclosed under APO in accordance but not limited to pickling, oiling, levelling, • Oxygen not greater than 20 ppm, with 19 CFR 351.305(a)(3). Timely annealing, tempering, temper rolling, skin • Hydrogen not greater than 2 ppm, and notification of the return or destruction passing, painting, varnishing, trimming, • Nitrogen not greater than 60 ppm; of APO materials, or conversion to cutting, punching, beveling, and/or slitting, judicial protective order, is hereby or any other processing that would not (b) With a Brinell hardness measured in all requested. Failure to comply with the otherwise remove the merchandise from the parts of the product including mid thickness scope of the investigation if performed in the falling within one of the following ranges: regulations and the terms of an APO is (i) 270–300 HBW, a sanctionable violation. country of manufacture of the cut-to-length plate. (ii) 290–320 HBW, or This determination and this notice are All products that meet the written physical (iii) 320–350HBW; issued and published pursuant to description, are within the scope of this (c) Having cleanliness in accordance with sections 735(d) and 777(i)(1) of the Act. investigation unless specifically excluded or ASTM E45 method A (Thin and Heavy): A Dated: March 29, 2017. covered by the scope of an existing order. not exceeding 1.5, B not exceeding 1.0, C not The following products are outside of, and/ exceeding 0.5, D not exceeding 1.5; and Ronald K. Lorentzen, or specifically excluded from, the scope of (d) Conforming to ASTM A578–S9 Acting Assistant Secretary for Enforcement this investigation: ultrasonic testing requirements with and Compliance. (1) Products clad, plated, or coated with acceptance criteria 2 mm flat bottom hole; Appendix I metal, whether or not painted, varnished or (6) Alloy forged and rolled steel CTL plate coated with plastic or other non-metallic over 407 mm in actual thickness and meeting Scope of the Investigation substances; the following requirements: The products covered by this investigation (2) military grade armor plate certified to (a) Made from Electric Arc Furnace melted, are certain carbon and alloy steel hot-rolled one of the following specifications or to a Ladle refined & vacuum degassed, alloy steel or forged flat plate products not in coils, specification that references and incorporates with the following chemical composition whether or not painted, varnished, or coated one of the following specifications: (expressed in weight percentages): with plastics or other non-metallic • MIL–A–12560, • Carbon 0.23–0.28, substances (cut-to-length plate). Subject • MIL–DTL–12560H, • Silicon 0.05–0.15, merchandise includes plate that is produced • MIL–DTL–12560J, • Manganese 1.20–1.50, by being cut-to-length from coils or from • MIL–DTL–12560K, • Nickel not greater than 0.4, other discrete length plate and plate that is • MIL–DTL–32332, • Sulfur not greater than 0.010, rolled or forged into a discrete length. The • MIL–A–46100D, • Phosphorus not greater than 0.020, products covered include (1) Universal mill • MIL–DTL–46100–E, • Chromium 1.20–1.50, plates (i.e., flat-rolled products rolled on four • MIL–46177C, • Molybdenum 0.35–0.55, faces or in a closed box pass, of a width • MIL–S–16216K Grade HY80, • Boron 0.002–0.004, exceeding 150 mm but not exceeding 1250 • MIL–S–16216K Grade HY100, • Oxygen not greater than 20 ppm, mm, and of a thickness of not less than 4 • MIL–S–24645A HSLA–80; • Hydrogen not greater than 2 ppm, and mm, which are not in coils and without • MIL–S–24645A HSLA–100, • Nitrogen not greater than 60 ppm;

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(b) Having cleanliness in accordance with The products subject to the investigation 23. Descaling Product Characteristic for ASTM E45 method A (Thin and Heavy): A are currently classified in the Harmonized Dillinger not exceeding 1.5, B not exceeding 1.5, C not Tariff Schedule of the United States (HTSUS) 24. Interest Rate for Dillinger’s U.S. Credit exceeding 1.0, D not exceeding 1.5; under item numbers: 7208.40.3030, Expenses (c) Having the following mechanical 7208.40.3060, 7208.51.0030, 7208.51.0045, 25. Excluding Sales of Military Grade Plate properties: 7208.51.0060, 7208.52.0000, 7211.13.0000, for Dillinger (i) With a Brinell hardness not more than 7211.14.0030, 7211.14.0045, 7225.40.1110, 26. Payment Dates for Certain of Dillinger’s 237 HBW measured in all parts of the 7225.40.1180, 7225.40.3005, 7225.40.3050, Home Market and U.S. Sales product including mid thickness; and having 7226.20.0000, and 7226.91.5000. 27. Corrections from Verification for a Yield Strength of 75ksi min and UTS 95ksi The products subject to the investigation Dillinger or more, Elongation of 18% or more and may also enter under the following HTSUS 28. Currency Conversions for Certain Reduction of area 35% or more; having item numbers: 7208.40.6060, 7208.53.0000, Movement Expenses Reported for charpy V at ¥75 degrees F in the 7208.90.0000, 7210.70.3000, 7210.90.9000, Dillinger’s U.S. Sales longitudinal direction equal or greater than 7211.19.1500, 7211.19.2000, 7211.19.4500, 29. Inclusion of Interest Rate in the 15 ft. lbs (single value) and equal or greater 7211.19.6000, 7211.19.7590, 7211.90.0000, Affiliated Input Cost of Production for than 20 ft. lbs (average of 3 specimens) and 7212.40.1000, 7212.40.5000, 7212.50.0000, Dillinger conforming to the requirements of NACE 7214.10.0000, 7214.30.0010, 7214.30.0080, 30. Non-Prime Plate Product Costs for MR01–75; or 7214.91.0015, 7214.91.0060, 7214.91.0090, Dillinger (ii) With a Brinell hardness not less than 7225.11.0000, 7225.19.0000, 7225.40.5110, 31. Blast Furnace Coke Adjustment for 240 HBW measured in all parts of the 7225.40.5130, 7225.40.5160, 7225.40.7000, Dillinger product including mid thickness; and having 7225.99.0010, 7225.99.0090, 7226.11.1000, 32. Dillinger’s Reported Affiliated Party a Yield Strength of 90 ksi min and UTS 110 7226.11.9060, 7226.19.1000, 7226.19.9000, Costs ksi or more, Elongation of 15% or more and 7226.91.0500, 7226.91.1530, 7226.91.1560, 33. G&A Expense Ratio Adjustment Related Reduction of area 30% or more; having 7226.91.2530, 7226.91.2560, 7226.91.7000, ¥ to Services Obtained from an Affiliated charpy V at 40 degrees F in the 7226.91.8000, and 7226.99.0180. Party for Dillinger longitudinal direction equal or greater than The HTSUS subheadings above are 34. Cost Reconciliation Adjustments for 21 ft. lbs (single value) and equal or greater provided for convenience and customs Dillinger than 31 ft. lbs (average of 3 specimens); purposes only. The written description of the VII. Recommendation (d) Conforming to ASTM A578–S9 scope of the investigation is dispositive. ultrasonic testing requirements with [FR Doc. 2017–06628 Filed 4–3–17; 8:45 am] acceptance criteria 3.2 mm flat bottom hole; Appendix II BILLING CODE 3510–DS–P and (e) Conforming to magnetic particle List of Topics Discussed in the Issues and inspection in accordance with AMS 2301; Decision Memorandum DEPARTMENT OF COMMERCE (7) Alloy forged and rolled steel CTL plate I. Summary over 407 mm in actual thickness and meeting International Trade Administration the following requirements: II. Background (a) Made from Electric Arc Furnace melted, III. Scope of the Investigation [A–427–828] ladle refined & vacuum degassed, alloy steel IV. Scope Comments with the following chemical composition V. Margin Calculations Certain Carbon and Alloy Steel Cut-to- (expressed in weight percentages): VI. Discussion of the Issues Length Plate From France: Final • Carbon 0.25–0.30, 1. Differential Pricing Methodology Determination of Sales at Less Than • 2. Application of Adverse Facts Available Silicon not greater than 0.25, Fair Value • Manganese not greater than 0.50, to Salzgitter • Nickel 3.0–3.5, 3. Excluding Sales Produced by an AGENCY: Enforcement and Compliance, • Sulfur not greater than 0.010, Unaffiliated Manufacturer for Salzgitter International Trade Administration, • 4. Shipment Date for Salzgitter’s Export Phosphorus not greater than 0.020, Department of Commerce. • Chromium 1.0–1.5, Price Sales • Molybdenum 0.6–0.9, 5. Level of Trade for Salzgitter SUMMARY: The Department of Commerce • Vanadium 0.08 to 0.12 6. Capping Freight Revenue for Berg Steel (the Department) determines that certain • Boron 0.002–0.004, Pipe Corp.’s (BSPC’s) Sales carbon and alloy steel cut-to-length • Oxygen not greater than 20 ppm, 7. Capping BSPC’s Revenues for Further plate (CTL plate) from France is being, • Hydrogen not greater than 2 ppm, and Manufacturing by Associated Expenses or is likely to be, sold in the United • Nitrogen not greater than 60 ppm. 8. Salzgitter’s Short-Term Euro- States at less than fair value (LTFV). The Denominated Interest Rate (b) Having cleanliness in accordance with period of investigation (POI) is April 1, ASTM E45 method A (Thin and Heavy): A 9. Treatment of Salzgitter Home Market Resales of Further-Processed CTL Plate 2015, through March 31, 2016. The final not exceeding 1.0(t) and 0.5(h), B not dumping margins of sales at LTFV are exceeding 1.5(t) and 1.0(h), C not exceeding 10. Adding a Fabrication Product 1.0(t) and 0.5(h), and D not exceeding 1.5(t) Characteristic for Salzgitter listed below in the ‘‘Final and 1.0(h); 11. Salzgitter Credit Expense Revisions at Determination’’ section of this notice. (c) Having the following mechanical Verification DATES: Effective April 4, 2017. properties: A Brinell hardness not less than 12. Salzgitter Home Market Revenue Items 13. MGB Underreported Costs FOR FURTHER INFORMATION CONTACT: 350 HBW measured in all parts of the Brandon Custard or Terre Keaton product including mid thickness; and having 14. MGB Scrap Offset a Yield Strength of 145ksi or more and UTS 15. Cost Adjustments for Other Salzgitter Stefanova, AD/CVD Operations, Office 160ksi or more, Elongation of 15% or more Manufacturing Entities II, Enforcement and Compliance, and Reduction of area 35% or more; having 16. MGB’s G&A Ratio Denominator International Trade Administration, charpy V at ¥40 degrees F in the transverse 17. Further Manufacturing General and U.S. Department of Commerce, 1401 direction equal or greater than 20 ft. lbs Administrative (G&A) Ratio Denominator Constitution Avenue NW., Washington, (single value) and equal or greater than 25 ft. 18. Further Manufacturing Scrap Offset DC 20230; telephone: (202) 482–1823 lbs (average of 3 specimens); 19. Further Manufacturing Verification and (202) 482–1280, respectively. (d) Conforming to ASTM A578–S9 Minor Corrections ultrasonic testing requirements with 20. Home Market Affiliated Service Center SUPPLEMENTARY INFORMATION: acceptance criteria 3.2 mm flat bottom hole; Sales for Dillinger Background and 21. Level of Trade for Dillinger (e) Conforming to magnetic particle 22. Reassignment of Quality Codes for On November 14, 2016, the inspection in accordance with AMS 2301. Dillinger Department published the Preliminary

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Determination of sales at LTFV of CTL France S.A. (Dillinger France) and All-Others Rate 1 plate from France. On December 2, Industeel France S.A. (Industeel) for use Section 735(c)(5)(A) of the Act 2016, we amended our Preliminary in our final determination. We used 2 provides that the estimated all-others Determination. A summary of the standard verification procedures, rate shall be an amount equal to the events that occurred since the including an examination of relevant weighted average of the estimated Department published the Preliminary accounting and production records, and weighted-average dumping margins Determination, as well as a full original source documents provided by established for exporters and producers discussion of the issues raised by parties 4 Dillinger France and Industeel. individually investigated excluding any for this final determination, may be zero or de minimis margins, and found in the Issues and Decision Changes Since the Preliminary margins determined entirely under Memorandum, which is hereby adopted Determination section 776 of the Act. Dillinger France by this notice.3 Based on our analysis of the is the only respondent for which the comments received and our findings at Scope of the Investigation Department calculated a company- verification, we made certain changes to specific margin. Therefore, for purposes The scope of the investigation covers the margin calculation for Dillinger of determining the ‘‘all-others’’ rate and CTL plate from France. For a complete France. For a discussion of these pursuant to section 735(c)(5)(A) of the description of the scope of the changes, see the ‘‘Margin Calculation’’ Act, we are using the dumping margin investigation, see Appendix I. section of the Issues and Decision calculated for Dillinger France, as Memorandum. Analysis of Comments Received referenced in the ‘‘Final Determination’’ All issues raised in the case and Adverse Facts Available section below. rebuttal briefs by parties in this Due to its failures at verification, we Final Determination investigation are addressed in the Issues determine that Industeel’s data cannot and Decision Memorandum. A list of serve as a reliable basis for reaching a The final weighted-average dumping the issues raised is attached to this determination in this investigation and margins are as follows: notice as Appendix II. The Issues and that Industeel did not act to the best of Decision Memorandum is a public Weighted- its ability to comply with our requests average document and is on file electronically for information. Therefore, we find it Exporter/manufacturer dumping via Enforcement and Compliance’s appropriate to apply adverse facts margins Antidumping and Countervailing Duty available (AFA), in accordance with (percent) Centralized Electronic Service System sections 776(a) and (b) of the Act and 19 Dillinger France S.A...... 8.62 (ACCESS). ACCESS is available to CFR 351.308. For further discussion, see registered users at https:// Industeel France S.A...... 148.02 the Issues and Decision Memorandum at All Others ...... 8.62 access.trade.gov, and it is available to Comment 2. all parties in the Central Records Unit, We are able to corroborate the highest Disclosure room B–8024 of the main Department of petition dumping margin of 148.02 Commerce building. In addition, a percent to the extent practicable within We will disclose the calculations complete version of the Issues and the meaning of section 776(c) of the Act performed within five days of the date Decision Memorandum can be accessed using the highest transaction-specific of publication of this notice to parties in directly at http://enforcement.trade.gov/ dumping margin calculated for Dillinger this proceeding in accordance with 19 frn/index.html. The signed and France and, thus, we assigned this CFR 351.224(b). electronic versions of the Issues and dumping margin to Industeel as AFA. Decision Memorandum are identical in Continuation of Suspension of For further discussion, see the Issues Liquidation content. and Decision Memorandum at Comment In accordance with section Verification 2. 735(c)(1)(B) of the Act, the Department As provided in section 782(i) of the 4 For discussion of our verification findings, see will instruct U.S. Customs and Border Tariff Act of 1930, as amended (the Act), the following memoranda: Memorandum, Protection (CBP) to continue to suspend in November and December 2016, we ‘‘Verification of the Sales Response of Dillinger liquidation of all appropriate entries of conducted verification of the sales and France S.A. in the Antidumping Duty Investigation CTL plate from France, as described in cost information submitted by Dillinger of Certain Carbon and Alloy Steel Cut-to-Length Plate From France,’’ dated December 22, 2016; Appendix I of this notice, which were Memorandum, ‘‘Verification of Berg Steel Pipe entered, or withdrawn from warehouse, 1 See Certain Carbon and Alloy Steel Cut-to- Corp. in the Antidumping Duty Investigation of for consumption on or after November Length Plate From France: Preliminary Certain Carbon and Alloy Steel Cut-to-Length Plate 14, 2016, the date of publication of the Determination of Sales at Less Than Fair Value and From France,’’ dated December 30, 2017; Postponement of Final Determination, 81 FR 79437 Memorandum, ‘‘Verification of Dillinger France preliminary determination of this (November 14, 2016) (Preliminary Determination). S.A. in the Antidumping Duty Investigation of investigation in the Federal Register. 2 See Certain Carbon and Alloy Steel Cut-to- Certain Carbon and Alloy Steel Cut-to-Length Plate Further, the Department will instruct Length Plate From France: Amended Preliminary From France,’’ dated January 12, 2017; CBP to require a cash deposit equal to Determination of Sales at Less Than Fair Value, 81 Memorandum, ‘‘Verification of the Cost Response of FR 87019 (December 2, 2016) (Amended Industeel France S.A. in the Antidumping Duty the estimated amount by which the Preliminary Determination). See also Certain Investigation of Certain Carbon and Alloy Steel Cut- normal value exceeds the U.S. price as Carbon and Alloy Steel Cut-to-Length Plate From to-Length Plate From France,’’ dated January 17, shown above. France: Correction to the Amended Preliminary 2017; Memorandum, ‘‘Verification of the Sales Determination of Sales at Less Than Fair Value, 81 Response of Industeel France S.A. (Industeel International Trade Commission (ITC) FR 90780 (December 15, 2016). France) in the Antidumping Investigation of Certain Notification 3 See Memorandum, ‘‘Issues and Decision Carbon and Alloy Steel Cut-to-Length Plate From Memorandum for the Final Affirmative France,’’ dated January 19, 2017; and In accordance with section 735(d) of Determination in the Less-Than-Fair-Value Memorandum, ‘‘Verification of the Sales Response the Act, we will notify the ITC of the Investigation of Certain Carbon and Alloy Steel Cut- of Berg Steel Pipe Corp. in the Antidumping Duty final affirmative determination of sales to-Length Plate From France,’’ dated concurrently Investigation of Certain Carbon and Alloy Steel Cut- with this notice (Issues and Decision to-Length Plate From France,’’ dated January 25, at LTFV. Because the final Memorandum). 2017. determination in this proceeding is

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affirmative, in accordance with section non-rectangular cross-section where such military grade armor specification that 735(b)(2) of the Act, the ITC will make non-rectangular cross-section is achieved references and incorporates one of the above its final determination as to whether the subsequent to the rolling process, i.e., specifications, will not be excluded from the domestic industry in the United States products which have been ‘‘worked after scope if it is also dual- or multiple-certified rolling’’ (e.g., products which have been to any other non-armor specification that is materially injured, or threatened with beveled or rounded at the edges). otherwise would fall within the scope of this material injury, by reason of imports of For purposes of the width and thickness investigation; CTL plate from France no later than 45 requirements referenced above, the following (3) stainless steel plate, containing 10.5 days after our final determination. If the rules apply: percent or more of chromium by weight and ITC determines that material injury or (1) Except where otherwise stated where not more than 1.2 percent of carbon by threat of material injury does not exist, the nominal and actual thickness or width weight; the proceeding will be terminated and measurements vary, a product from a given (4) CTL plate meeting the requirements of subject country is within the scope if all cash deposits will be refunded. If the ASTM A–829, Grade E 4340 that are over 305 application of either the nominal or actual mm in actual thickness; ITC determines that such injury does measurement would place it within the scope exist, the Department will issue an (5) Alloy forged and rolled CTL plate based on the definitions set forth above; and greater than or equal to 152.4 mm in actual antidumping duty order directing CBP (2) where the width and thickness vary for thickness meeting each of the following to assess, upon further instruction by a specific product (e.g., the thickness of requirements: the Department, antidumping duties on certain products with non-rectangular cross- (a) Electric furnace melted, ladle refined & all imports of the subject merchandise section, the width of certain products with vacuum degassed and having a chemical non-rectangular shape, etc.), the entered, or withdrawn from warehouse, composition (expressed in weight measurement at its greatest width or percentages): for consumption on or after the effective thickness applies. • Carbon 0.23–0.28, date of the suspension of liquidation. Steel products included in the scope of this • Silicon 0.05–0.20, investigation are products in which: (1) Iron Notification Regarding Administrative • Manganese 1.20–1.60, predominates, by weight, over each of the • Nickel not greater than 1.0, Protective Orders (APO) other contained elements; and (2) the carbon • Sulfur not greater than 0.007, content is 2 percent or less by weight. This notice serves as a reminder to • Phosphorus not greater than 0.020, Subject merchandise includes cut-to-length parties subject to APO of their • Chromium 1.0–2.5, plate that has been further processed in the responsibility concerning the • Molybdenum 0.35–0.80, subject country or a third country, including disposition of proprietary information • Boron 0.002–0.004, but not limited to pickling, oiling, levelling, • disclosed under APO in accordance annealing, tempering, temper rolling, skin Oxygen not greater than 20 ppm, with 19 CFR 351.305(a)(3). Timely • Hydrogen not greater than 2 ppm, and passing, painting, varnishing, trimming, • notification of the return or destruction cutting, punching, beveling, and/or slitting, Nitrogen not greater than 60 ppm; of APO materials, or conversion to or any other processing that would not (b) With a Brinell hardness measured in all parts of the product including mid thickness judicial protective order, is hereby otherwise remove the merchandise from the scope of the investigation if performed in the falling within one of the following ranges: requested. Failure to comply with the (i) 270–300 HBW, regulations and the terms of an APO is country of manufacture of the cut-to-length plate. (ii) 290–320 HBW, or a sanctionable violation. All products that meet the written physical (iii) 320–350HBW; This determination and this notice are description, are within the scope of this (c) Having cleanliness in accordance with issued and published pursuant to investigation unless specifically excluded or ASTM E45 method A (Thin and Heavy): A sections 735(d) and 777(i)(1) of the Act. covered by the scope of an existing order. not exceeding 1.5, B not exceeding 1.0, C not exceeding 0.5, D not exceeding 1.5; and Dated: March 29, 2017. The following products are outside of, and/ or specifically excluded from, the scope of (d) Conforming to ASTM A578–S9 Ronald K. Lorentzen, this investigation: ultrasonic testing requirements with Acting Assistant Secretary for Enforcement (1) Products clad, plated, or coated with acceptance criteria 2 mm flat bottom hole; and Compliance. metal, whether or not painted, varnished or (6) Alloy forged and rolled steel CTL plate coated with plastic or other non-metallic over 407 mm in actual thickness and meeting Appendix I substances; the following requirements: Scope of the Investigation (2) military grade armor plate certified to (a) Made from Electric Arc Furnace melted, one of the following specifications or to a Ladle refined & vacuum degassed, alloy steel The products covered by this investigation specification that references and incorporates with the following chemical composition are certain carbon and alloy steel hot-rolled one of the following specifications: (expressed in weight percentages): or forged flat plate products not in coils, • MIL–A–12560, • Carbon 0.23–0.28, whether or not painted, varnished, or coated • MIL–DTL–12560H, • Silicon 0.05–0.15, with plastics or other non-metallic • • Manganese 1.20–1.50, substances (cut-to-length plate). Subject MIL–DTL–12560J, • MIL–DTL–12560K, • Nickel not greater than 0.4, merchandise includes plate that is produced • • by being cut-to-length from coils or from MIL–DTL–32332, Sulfur not greater than 0.010, • MIL–A–46100D, • Phosphorus not greater than 0.020, other discrete length plate and plate that is • • rolled or forged into a discrete length. The MIL–DTL–46100–E, Chromium 1.20–1.50, • MIL–46177C, • Molybdenum 0.35–0.55, products covered include (1) Universal mill • • plates (i.e., flat-rolled products rolled on four MIL–S–16216K Grade HY80, Boron 0.002–0.004, • • faces or in a closed box pass, of a width MIL–S–16216K Grade HY100, Oxygen not greater than 20 ppm, • • exceeding 150 mm but not exceeding 1250 MIL–S–24645A HSLA–80; Hydrogen not greater than 2 ppm, and • • mm, and of a thickness of not less than 4 MIL–S–24645A HSLA–100, Nitrogen not greater than 60 ppm; • T9074–BD–GIB–010/0300 Grade HY80, (b) Having cleanliness in accordance with mm, which are not in coils and without • patterns in relief), and (2) hot-rolled or forged T9074–BD–GIB–010/0300 Grade HY100, ASTM E45 method A (Thin and Heavy): A • flat steel products of a thickness of 4.75 mm T9074–BD–GIB–010/0300 Grade not exceeding 1.5, B not exceeding 1.5, C not or more and of a width which exceeds 150 HSLA80, exceeding 1.0, D not exceeding 1.5; • mm and measures at least twice the T9074–BD–GIB–010/0300 Grade (c) Having the following mechanical thickness, and which are not in coils, HSLA100, and properties: • whether or not with patterns in relief. The T9074–BD–GIB–010/0300 Mod. Grade (i) With a Brinell hardness not more than covered products described above may be HSLA115, 237 HBW measured in all parts of the rectangular, square, circular or other shapes except that any cut-to-length plate certified to product including mid thickness; and having and include products of either rectangular or one of the above specifications, or to a a Yield Strength of 75ksi min and UTS 95ksi

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or more, Elongation of 18% or more and The products subject to the investigation DEPARTMENT OF COMMERCE Reduction of area 35% or more; having may also enter under the following HTSUS charpy V at ¥75 degrees F in the item numbers: 7208.40.6060, 7208.53.0000, International Trade Administration longitudinal direction equal or greater than 7208.90.0000, 7210.70.3000, 7210.90.9000, 15 ft. lbs (single value) and equal or greater 7211.19.1500, 7211.19.2000, 7211.19.4500, [A–433–812] than 20 ft. lbs (average of 3 specimens) and 7211.19.6000, 7211.19.7590, 7211.90.0000, conforming to the requirements of NACE 7212.40.1000, 7212.40.5000, 7212.50.0000, Certain Carbon and Alloy Steel Cut-To- MR01–75; or 7214.10.0000, 7214.30.0010, 7214.30.0080, Length Plate From Austria: Final (ii) With a Brinell hardness not less than 7214.91.0015, 7214.91.0060, 7214.91.0090, Determination of Sales at Less Than 240 HBW measured in all parts of the 7225.11.0000, 7225.19.0000, 7225.40.5110, Fair Value and Final Affirmative product including mid thickness; and having 7225.40.5130, 7225.40.5160, 7225.40.7000, Determination of Critical a Yield Strength of 90 ksi min and UTS 110 7225.99.0010, 7225.99.0090, 7226.11.1000, Circumstances ksi or more, Elongation of 15% or more and 7226.11.9060, 7226.19.1000, 7226.19.9000, Reduction of area 30% or more; having AGENCY: Enforcement and Compliance, charpy V at ¥40 degrees F in the 7226.91.0500, 7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000, International Trade Administration, longitudinal direction equal or greater than Commerce. 21 ft. lbs (single value) and equal or greater 7226.91.8000, and 7226.99.0180. SUMMARY: The Department of Commerce than 31 ft. lbs (average of 3 specimens); The HTSUS subheadings above are (d) Conforming to ASTM A578–S9 provided for convenience and customs (the Department) determines that certain ultrasonic testing requirements with purposes only. The written description of the carbon and alloy steel cut-to-length acceptance criteria 3.2 mm flat bottom hole; scope of the investigation is dispositive. plate (CTL plate) from Austria is being, and or is likely to be, sold in the United Appendix II (e) Conforming to magnetic particle States at less than fair value (LTFV). In inspection in accordance with AMS 2301; List of Topics Discussed in the Issues and addition, we determine that critical (7) Alloy forged and rolled steel CTL plate Decision Memorandum circumstances exist with respect to over 407 mm in actual thickness and meeting I. Summary voestalpine, but not for all-other the following requirements: II. Background (a) Made from Electric Arc Furnace melted, Austrian producers, imports, or exports ladle refined & vacuum degassed, alloy steel III. Use of Adverse Facts Available of the subject merchandise. The period with the following chemical composition IV. Scope of the Investigation of investigation (POI) is April 1, 2015, (expressed in weight percentages): V. Scope Comments through March 31, 2016. The final • Carbon 0.25–0.30, VI. Margin Calculations dumping margins of sales at LTFV are • Silicon not greater than 0.25, VII. Discussion of the Issues listed below in the ‘‘Final • Manganese not greater than 0.50, Comment 1: Differential Pricing Determination’’ section of this notice. • Nickel 3.0–3.5, Methodology DATES: Effective April 4, 2017. • Sulfur not greater than 0.010, Comment 2: Application of Adverse Facts • Phosphorus not greater than 0.020, Available for Industeel FOR FURTHER INFORMATION CONTACT: • Chromium 1.0–1.5, Comment 3: Moot Arguments for Edythe Artman or Madeline Heeren, • Molybdenum 0.6–0.9, Induststeel AD/CVD Operations, Office IV, • Vanadium 0.08 to 0.12 Comment 4: Level of Trade for Dillinger Enforcement and Compliance, • Boron 0.002–0.004, France International Trade Administration, • Oxygen not greater than 20 ppm, Comment 5: Home Market Affiliated U.S. Department of Commerce, 1401 • Hydrogen not greater than 2 ppm, and Service Center Sales for Dillinger France • Constitution Avenue NW., Washington, Nitrogen not greater than 60 ppm. Comment 6: Resale of Canceled U.S. Sale DC 20230; telephone: (202) 482–3931 (b) Having cleanliness in accordance with for Dillinger France and (202) 482–9179, respectively. ASTM E45 method A (Thin and Heavy): A Comment 7: Capping Freight Revenue for not exceeding 1.0(t) and 0.5(h), B not Berg Steel Pipe Corp.’s (BSPC’s) Sales SUPPLEMENTARY INFORMATION: exceeding 1.5(t) and 1.0(h), C not exceeding Comment 8: Capping BSPC’s Revenues for Background 1.0(t) and 0.5(h), and D not exceeding 1.5(t) Further Manufacturing by Associated and 1.0(h); Expenses On November 14, 2016, the (c) Having the following mechanical Comment 9: Corrections to Dillinger Department published the Preliminary properties: A Brinell hardness not less than France’s Data to Account for Verification Determination of sales at LTFV of CTL 350 HBW measured in all parts of the Findings plate from Austria.1 A summary of the product including mid thickness; and having Comment 10: Provision Expenses for events that occurred since the a Yield Strength of 145ksi or more and UTS Dillinger France Department published the Preliminary 160ksi or more, Elongation of 15% or more Comment 11: Non-Prime Product Costs for and Reduction of area 35% or more; having Determination, as well as a full ¥ Dillinger France discussion of the issues raised by parties charpy V at 40 degrees F in the transverse Comment 12: Cost of Production for Inputs direction equal or greater than 20 ft. lbs for this final determination, may be Purchased from Affiliates for Dillinger (single value) and equal or greater than 25 ft. found in the Issues and Decision France lbs (average of 3 specimens); Comment 13: Income Offsets to General Memorandum, which is hereby adopted (d) Conforming to ASTM A578–S9 2 and Administrative (G&A) Expenses for by this notice. ultrasonic testing requirements with Dillinger France acceptance criteria 3.2 mm flat bottom hole; 1 See Certain Carbon and Alloy Steel Cut-to- and Comment 14: Further Manufacturing Verification Corrections for BSPC Length Plate from Austria: Preliminary (e) Conforming to magnetic particle Determination of Sales at Less Than Fair Value and inspection in accordance with AMS 2301. Comment 15: Further Manufacturing Scrap Postponement of the Final Determination, 81 FR The products subject to the investigation Offset for BSPC 79416 (November 14, 2016) (Preliminary are currently classified in the Harmonized Comment 16: Further Manufacturing G&A Determination). Tariff Schedule of the United States (HTSUS) Ratio Denominator for BSPC 2 See Memorandum from Gary Taverman, under item numbers: 7208.40.3030, Comment 17: Further Manufacturing G&A Associate Deputy Assistant Secretary for 7208.40.3060, 7208.51.0030, 7208.51.0045, Expense Ratio Calculation and Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary 7208.51.0060, 7208.52.0000, 7211.13.0000, Application for BSPC VIII. Recommendation for Enforcement and Compliance, entitled ‘‘Issues 7211.14.0030, 7211.14.0045, 7225.40.1110, and Decision Memorandum for the Final 7225.40.1180, 7225.40.3005, 7225.40.3050, [FR Doc. 2017–06627 Filed 4–3–17; 8:45 am] Affirmative Determination in the Less-Than-Fair- 7226.20.0000, and 7226.91.5000. BILLING CODE 3510–DS–P Value Investigation of Certain Carbon and Alloy

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Scope of the Investigation Changes Since the Preliminary Act, we are using the dumping margin The scope of the investigation covers Determination calculated for voestalpine as the all- CTL plate from Austria. For a complete Based on our analysis of the others rate, as referenced in the ‘‘Final description of the scope of the comments received and our findings at Determination’’ section below. investigation, see Appendix I. verification, we made certain changes to Final Determination the margin calculations for voestalpine. Analysis of Comments Received The final weighted-average dumping For a discussion of these changes, see margins are as follows: All issues raised in the case and the ‘‘Margin Calculations’’ section of the rebuttal briefs by parties in this Issues and Decision Memorandum. investigation are addressed in the Issues Weighted- Final Affirmative Determination of average and Decision Memorandum. A list of Exporter/manufacturer dumping the issues raised is attached to this Critical Circumstances margin notice as Appendix II. The Issues and For the Preliminary Determination, (percent) Decision Memorandum is a public the Department found that critical Bohler Bleche GmbH & Co KG .. 53.72 document and is on file electronically circumstances exist with respect to via Enforcement and Compliance’s Bohler Edelstahl GmbH & Co imports of CTL plate from voestalpine KG Antidumping and Countervailing Duty and do not exist with respect to imports Bohler International GmbH Centralized Electronic Service System of CTL plate from the companies that voestalpine Grobblech GmbH (ACCESS). ACCESS is available to are covered by the ‘‘all others’’ rate.5 voestalpine Steel Service Center registered users at https:// Our analysis and conclusion concerning GmbH access.trade.gov and it is available to all critical circumstances remain All Others ...... 53.72 parties in the Central Records Unit, unchanged for our final determination. room B–8024 of the main Department of For further discussion, see the Issues Disclosure Commerce building. In addition, a and Decision Memorandum and Final We will disclose the calculations complete version of the Issues and 6 Critical Circumstances Data Memo. performed within five days of the date Decision Memorandum can be accessed of publication of this notice to parties in directly at http://enforcement.trade.gov/ All-Others Rate this proceeding in accordance with 19 frn/index.html. The signed and Section 735(c)(5)(A) of the Act CFR 351.224(b). electronic versions of the Issues and provides that the estimated all-others Decision Memorandum are identical in rate shall be an amount equal to the Continuation of Suspension of content. weighted-average of the estimated Liquidation Verification weighted-average dumping margins In accordance with section established for exporters and producers As provided in section 782(i) of the 735(c)(1)(B) of the Act, the Department individually investigated, excluding any will instruct U.S. Customs and Border Tariff Act of 1930, as amended (the Act), zero or de minimis margins, and in November 2016 through January 2017 Protection (CBP) to continue to suspend margins determined entirely under liquidation of all appropriate entries of we verified the sales and cost section 776 of the Act. voestalpine is the 3 CTL plate from Austria, as described in information submitted by voestalpine only respondent for which the for use in our final determination. We Appendix I of this notice, which were Department calculated a specific entered, or withdrawn from warehouse, used standard verification procedures, margin. Therefore, for purposes of including an examination of relevant for consumption on or after November calculating the ‘‘all-others’’ rate, and 14, 2016, the date of publication of the accounting and production records, and pursuant to section 735(c)(5)(A) of the original source documents provided by preliminary determination of this voestalpine.4 investigation in the Federal Register. Duty Investigation from Austria,’’ dated February 9, For entries made by voestalpine, in 2017; Memorandum to the File from Edythe Steel Cut-to-Length Plate from Austria,’’ dated Artman, Madeline Heeren, and Chelsey accordance with section 735(c)(4)(A) of concurrently with, and hereby adopted by, this Simonovich, Analysts, AD/CVD Operations, Office the Act, because we continue to find notice (Issues and Decision Memorandum). VI, entitled ‘‘Verification of Bohler-Uddeholm that critical circumstances exist, we will 3 In a Memorandum to Scot Fullerton, Director, Corporation in the Antidumping Duty Investigation instruct CBP to continue to suspend Office VI, on the subject of the ‘‘Less Than Fair of Certain Carbon and Alloy Steel Cut-to-Length liquidation of all appropriate entries of Value Investigation of Certain Carbon and Alloy Plate from Austria,’’ dated February 9, 2017; Steel Cut-To-Length Plate from Austria: Preliminary Memorandum to the File from Milton Koch, CTL plate from Austria which were Affiliation and Collapsing Memorandum for Accountant, and Taija A. Slaughter, Supervisory entered, or withdrawn from warehouse, voestalpine,’’ dated November 4, 2016, we Accountant, Office of Accounting, entitled for consumption on or after August 16, preliminarily determined that the following ‘‘Verification of the Cost Response of voestalpine 2016, which is 90 days prior to the date companies were affiliated and should be treated as AG in the Antidumping Duty Investigation of a single entity for purposes of the investigation, Certain Carbon and Alloy Steel Cut-to-Length Plate of publication of the preliminary pursuant to section 771(33)(F) of the Act: from Austria,’’ dated January 30, 2017; and determination of this investigation in voestalpine Grobblech and voestalpine Steel Memorandum to the File from Milton Koch, the Federal Register. Further, the Service Center GmbH, which are producers of Accountant, and Taija A. Slaughter, Supervisory Department will instruct CBP to require carbon plate; Bohler Edelstahl GmbH & Co KG and Accountant, entitled ‘‘Verification of the Cost Bohler Bleche GmbH & Co KG, producers of alloy Response of voestalpine AG in the Antidumping a cash deposit equal to the estimated plate; and Bohler International GmbH, a home- Duty Investigation of Certain Carbon and Alloy amount by which the normal value market sales affiliate (collectively voestalpine). The Steel Cut-to-Length Plate from Austria,’’ dated exceeds the U.S. price as shown above. finding has not changed for the final determination February 1, 2017. and we refer to the collapsed entity as 5 See Preliminary Determination, and International Trade Comission (ITC) ‘‘voestalpine’’ throughout this notice. accompanying Preliminary Decision Memorandum Notification 4 For discussion of our verification findings, see at 23. the following memoranda: Memorandum to the File 6 See Memorandum to the File, ‘‘Calculations for In accordance with section from Madeline Heeren and Chelsey Simonovich, Final Determination of Critical Circumstances in 735(c)(1)(A) and (d) of the Act, we will Analysts, AD/CVD Operations, Office VI, entitled the Antidumping Duty Investigation of Certain notify the ITC of the final affirmative ‘‘Verification of the Sales Response of voestalpine Carbon and Alloy Steel Cut-to-Length Plate from Steel and Service Center GmbH (SSC) and Bohler Austria,’’ dated March 29, 2017 (Final Critical determination of sales at LTFV. Because Bleche GmbH & Co. KG (BBG) in the Antidumping Circumstances Data Memo). the final determination in this

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proceeding is affirmative, in accordance rectangular, square, circular or other shapes except that any cut-to-length plate certified to with section 735(b)(2) of the Act, the and include products of either rectangular or one of the above specifications, or to a ITC will make its final determination as non-rectangular cross-section where such military grade armor specification that to whether the domestic industry in the non-rectangular cross-section is achieved references and incorporates one of the above subsequent to the rolling process, i.e., specifications, will not be excluded from the United States is materially injured, or products which have been ‘‘worked after scope if it is also dual- or multiple-certified threatened with material injury, by rolling’’ (e.g., products which have been to any other non-armor specification that reason of imports of CTL plate from beveled or rounded at the edges). otherwise would fall within the scope of this Austria no later than 45 days after our For purposes of the width and thickness investigation; final determination. If the ITC requirements referenced above, the following (3) stainless steel plate, containing 10.5 determines that material injury or threat rules apply: percent or more of chromium by weight and of material injury does not exist, the (1) Except where otherwise stated where not more than 1.2 percent of carbon by the nominal and actual thickness or width proceeding will be terminated and all weight; measurements vary, a product from a given (4) CTL plate meeting the requirements of cash deposits will be refunded. If the subject country is within the scope if ITC determines that such injury does ASTM A–829, Grade E 4340 that are over 305 application of either the nominal or actual mm in actual thickness; exist, the Department will issue an measurement would place it within the scope (5) Alloy forged and rolled CTL plate antidumping duty order directing CBP based on the definitions set forth above; and greater than or equal to 152.4 mm in actual to assess, upon further instruction by (2) where the width and thickness vary for thickness meeting each of the following the Department, antidumping duties on a specific product (e.g., the thickness of requirements: certain products with non-rectangular cross- (a) Electric furnace melted, ladle refined & all imports of the subject merchandise section, the width of certain products with entered, or withdrawn from warehouse, vacuum degassed and having a chemical non-rectangular shape, etc.), the composition (expressed in weight for consumption on or after the effective measurement at its greatest width or percentages): date of the suspension of liquidation. thickness applies. • Carbon 0.23–0.28, Steel products included in the scope of this • Silicon 0.05–0.20, Notification Regarding Administrative investigation are products in which: (1) Iron • Manganese 1.20–1.60, Protective Orders (APO) predominates, by weight, over each of the • Nickel not greater than 1.0, other contained elements; and (2) the carbon This notice serves as a reminder to • Sulfur not greater than 0.007, content is 2 percent or less by weight. • Phosphorus not greater than 0.020, parties subject to APO of their Subject merchandise includes cut-to-length responsibility concerning the • Chromium 1.0–2.5, plate that has been further processed in the • disposition of proprietary information subject country or a third country, including Molybdenum 0.35–0.80, • Boron 0.002–0.004, disclosed under APO in accordance but not limited to pickling, oiling, levelling, • with 19 CFR 351.305(a)(3). Timely annealing, tempering, temper rolling, skin Oxygen not greater than 20 ppm, • Hydrogen not greater than 2 ppm, and notification of the return or destruction passing, painting, varnishing, trimming, • cutting, punching, beveling, and/or slitting, Nitrogen not greater than 60 ppm; of APO materials, or conversion to (b) With a Brinell hardness measured in all judicial protective order, is hereby or any other processing that would not otherwise remove the merchandise from the parts of the product including mid thickness requested. Failure to comply with the scope of the investigation if performed in the falling within one of the following ranges: regulations and the terms of an APO is country of manufacture of the cut-to-length (i) 270–300 HBW, a sanctionable violation. plate. (ii) 290–320 HBW, or This determination and this notice are All products that meet the written physical (iii) 320–350 HBW; issued and published pursuant to description, are within the scope of this (c) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A sections 735(d) and 777(i)(1) of the Act. investigation unless specifically excluded or covered by the scope of an existing order. not exceeding 1.5, B not exceeding 1.0, C not Dated: March 29, 2017. The following products are outside of, and/ exceeding 0.5, D not exceeding 1.5; and Ronald K. Lorentzen, or specifically excluded from, the scope of (d) Conforming to ASTM A578–S9 ultrasonic testing requirements with Acting Assistant Secretary for Enforcement this investigation: acceptance criteria 2 mm flat bottom hole; and Compliance. (1) Products clad, plated, or coated with metal, whether or not painted, varnished or (6) Alloy forged and rolled steel CTL plate Appendix I coated with plastic or other non-metallic over 407 mm in actual thickness and meeting the following requirements: Scope of the Investigation substances; (2) military grade armor plate certified to (a) Made from Electric Arc Furnace melted, The products covered by this investigation one of the following specifications or to a Ladle refined & vacuum degassed, alloy steel are certain carbon and alloy steel hot-rolled specification that references and incorporates with the following chemical composition or forged flat plate products not in coils, one of the following specifications: (expressed in weight percentages): • whether or not painted, varnished, or coated • MIL–A–12560, Carbon 0.23–0.28, • with plastics or other non-metallic • MIL–DTL–12560H, Silicon 0.05–0.15, substances (cut-to-length plate). Subject • MIL–DTL–12560J, • Manganese 1.20–1.50, merchandise includes plate that is produced • MIL–DTL–12560K, • Nickel not greater than 0.4, by being cut-to-length from coils or from • MIL–DTL–32332, • Sulfur not greater than 0.010, other discrete length plate and plate that is • MIL–A–46100D, • Phosphorus not greater than 0.020, rolled or forged into a discrete length. The • MIL–DTL–46100–E, • Chromium 1.20–1.50, products covered include (1) Universal mill • MIL–46177C, • Molybdenum 0.35–0.55, plates (i.e., flat-rolled products rolled on four • MIL–S–16216K Grade HY80, • Boron 0.002–0.004, faces or in a closed box pass, of a width • MIL–S–16216K Grade HY100, • Oxygen not greater than 20 ppm, exceeding 150 mm but not exceeding 1250 • MIL–S–24645A HSLA–80; • Hydrogen not greater than 2 ppm, and mm, and of a thickness of not less than 4 • MIL–S–24645A HSLA–100, • Nitrogen not greater than 60 ppm; mm, which are not in coils and without • T9074–BD–GIB–010/0300 Grade HY80, (b) Having cleanliness in accordance with patterns in relief), and (2) hot-rolled or forged • T9074–BD–GIB–010/0300 Grade HY100, ASTM E45 method A (Thin and Heavy): A flat steel products of a thickness of 4.75 mm • T9074–BD–GIB–010/0300 Grade not exceeding 1.5, B not exceeding 1.5, C not or more and of a width which exceeds 150 HSLA80, exceeding 1.0, D not exceeding 1.5; mm and measures at least twice the • T9074–BD–GIB–010/0300 Grade (c) Having the following mechanical thickness, and which are not in coils, HSLA100, and properties: whether or not with patterns in relief. The • T9074–BD–GIB–010/0300 Mod. Grade (i) With a Brinell hardness not more than covered products described above may be HSLA115, 237 HBW measured in all parts of the

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product including mid thickness; and having 7225.40.1180, 7225.40.3005, 7225.40.3050, DEPARTMENT OF COMMERCE a Yield Strength of 75ksi min and UTS 95ksi 7226.20.0000, and 7226.91.5000. or more, Elongation of 18% or more and The products subject to the investigation International Trade Administration Reduction of area 35% or more; having may also enter under the following HTSUS ¥ [A–580–887] charpy V at 75 degrees F in the item numbers: 7208.40.6060, 7208.53.0000, longitudinal direction equal or greater than 7208.90.0000, 7210.70.3000, 7210.90.9000, 15 ft. lbs (single value) and equal or greater Certain Carbon and Alloy Steel Cut-To- than 20 ft. lbs (average of 3 specimens) and 7211.19.1500, 7211.19.2000, 7211.19.4500, Length Plate From the Republic of conforming to the requirements of NACE 7211.19.6000, 7211.19.7590, 7211.90.0000, Korea: Final Determination of Sales at MR01–75; or 7212.40.1000, 7212.40.5000, 7212.50.0000, Less Than Fair Value and Final (ii) With a Brinell hardness not less than 7214.10.0000, 7214.30.0010, 7214.30.0080, Negative Critical Circumstances 240 HBW measured in all parts of the 7214.91.0015, 7214.91.0060, 7214.91.0090, Determination product including mid thickness; and having 7225.11.0000, 7225.19.0000, 7225.40.5110, a Yield Strength of 90 ksi min and UTS 110 7225.40.5130, 7225.40.5160, 7225.40.7000, AGENCY: Enforcement and Compliance, ksi or more, Elongation of 15% or more and 7225.99.0010, 7225.99.0090, 7226.11.1000, International Trade Administration, Reduction of area 30% or more; having 7226.11.9060, 7226.19.1000, 7226.19.9000, Department of Commerce. charpy V at ¥40 degrees F in the 7226.91.0500, 7226.91.1530, 7226.91.1560, longitudinal direction equal or greater than SUMMARY: The Department of Commerce 21 ft. lbs (single value) and equal or greater 7226.91.2530, 7226.91.2560, 7226.91.7000, (the Department) determines that certain than 31 ft. lbs (average of 3 specimens); 7226.91.8000, and 7226.99.0180. carbon and alloy steel cut-to-length (d) Conforming to ASTM A578–S9 The HTSUS subheadings above are plate (CTL plate) from the Republic of ultrasonic testing requirements with provided for convenience and customs Korea is being, or is likely to be, sold in acceptance criteria 3.2 mm flat bottom hole; purposes only. The written description of the the United States at less than fair value and scope of the investigation is dispositive. (LTFV). The period of investigation (e) Conforming to magnetic particle inspection in accordance with AMS 2301; Appendix II (POI) is April 1, 2015, through March (7) Alloy forged and rolled steel CTL plate 31, 2016. The final dumping margins of List of Topics Discussed in the Issues and over 407 mm in actual thickness and meeting sales at LTFV are listed below in the Decision Memorandum the following requirements: ‘‘Final Determination’’ section of this (a) Made from Electric Arc Furnace melted, I. Summary notice. ladle refined & vacuum degassed, alloy steel II. Background DATES: Effective April 4, 2017. with the following chemical composition III. Critical Circumstances (expressed in weight percentages): IV. Scope of the Investigation FOR FURTHER INFORMATION CONTACT: • Carbon 0.25–0.30, V. Scope Comments Michael J. Heaney or Erin Kearney, AD/ • Silicon not greater than 0.25, VI. Margin Calculations CVD Operations, Office VI, Enforcement • Manganese not greater than 0.50, VII. Discussion of the Issues and Compliance, International Trade • Nickel 3.0–3.5, Administration, U.S. Department of • Sulfur not greater than 0.010, 1. Product Characteristic and Model • Matching Methodology Commerce, 1401 Constitution Avenue Phosphorus not greater than 0.020, NW., Washington, DC 20230; telephone: • Chromium 1.0–1.5, 2. Collapsing of Companies by Division • Molybdenum 0.6–0.9, 3. Changes to Level of Trade Analysis (202) 482–4475 and (202) 482–0167, • Vanadium 0.08 to 0.12 4. Use of Actual Weight Bases respectively. • Boron 0.002–0.004, 5. Adjustment to Home Market Sales for SUPPLEMENTARY INFORMATION: • Oxygen not greater than 20 ppm, Hub Fee • Hydrogen not greater than 2 ppm, and 6. Calculation of U.S. Indirect Selling Background • Nitrogen not greater than 60 ppm. Expenses for Non-Further-Manufactured On November 14, 2016, the (b) Having cleanliness in accordance with Products Department published the Preliminary ASTM E45 method A (Thin and Heavy): A 7. Use of Revised Databases to Calculate not exceeding 1.0(t) and 0.5(h), B not Determination of sales at LTFV of CTL 1 exceeding 1.5(t) and 1.0(h), C not exceeding Final Dumping Margin plate from the Republic of Korea. A 1.0(t) and 0.5(h), and D not exceeding 1.5(t) 8. Implementation of Verification Findings summary of the events that occurred and 1.0(h); a. Reported Weight for a CEP Sale since the Department published the (c) Having the following mechanical b. Cost Variances Preliminary Determination, as well as a properties: A Brinell hardness not less than 9. BBG’s Purchases from Affiliated full discussion of the issues raised by 350 HBW measured in all parts of the Suppliers parties for this final determination, may product including mid thickness; and having 10. Grobblech and SSC’s Affiliated be found in the Issues and Decision a Yield Strength of 145ksi or more and UTS Supplier Purchases Memorandum, which is hereby adopted 160ksi or more, Elongation of 15% or more 11. Record Keeping Based on Country of by this notice.2 and Reduction of area 35% or more; having Origin charpy V at ¥40 degrees F in the transverse 12. Differential Pricing direction equal or greater than 20 ft. lbs 1 See Certain Carbon and Alloy Steel Cut-to- VIII. Recommendation (single value) and equal or greater than 25 ft. Length Plate from the Republic of Korea: lbs (average of 3 specimens); [FR Doc. 2017–06634 Filed 4–3–17; 8:45 am] Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final (d) Conforming to ASTM A578–S9 BILLING CODE 3510–DS–P Determination, 81 FR 79441 (November 14, 2016) ultrasonic testing requirements with (Preliminary Determination). acceptance criteria 3.2 mm flat bottom hole; 2 See Memorandum from Gary Taverman, and Associate Deputy Assistant Secretary for (e) Conforming to magnetic particle Antidumping and Countervailing Duty Operations, inspection in accordance with AMS 2301. to Ronald K. Lorentzen, Acting Assistant Secretary The products subject to the investigation for Enforcement and Compliance, entitled ‘‘Issues are currently classified in the Harmonized and Decision Memorandum for the Final Tariff Schedule of the United States (HTSUS) Affirmative Determination and Final Negative Critical Circumstances Determination in the Less- under item numbers: 7208.40.3030, Than-Fair-Value Investigation of Certain Carbon 7208.40.3060, 7208.51.0030, 7208.51.0045, and Alloy Steel Cut-to-Length Plate From the 7208.51.0060, 7208.52.0000, 7211.13.0000, Republic of Korea,’’ dated concurrently with this 7211.14.0030, 7211.14.0045, 7225.40.1110, notice (Issues and Decision Memorandum).

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Scope of the Investigation Changes Since the Preliminary Also, as indicated by the scope of the Determination investigation, at the time of the filing of The scope of the investigation covers the petition, there was an existing CTL plate from the Republic of Korea. Based on our analysis of the comments received and our findings at antidumping duty order on certain cut- For a complete description of the scope verification, we made certain changes to to-length carbon-quality steel plate from of the investigation, see Appendix I. 8 the margin calculations for POSCO. For Korea. The scope of the instant investigation covers only: (1) Subject Analysis of Comments Received a discussion of these changes, see the ‘‘Margin Calculations’’ section of the CTL plate not within the physical All issues raised in the case and Issues and Decision Memorandum. description of cut-to-length carbon rebuttal briefs by parties in this quality steel plate in the 1999 Korea AD investigation are addressed in the Issues Final Negative Determination of Order regardless of producer or and Decision Memorandum. A list of Critical Circumstances exporter; and (2) CTL plate produced the issues raised is attached to this On July 26, 2016, the petitioners 4 and/or exported by those companies notice as Appendix II. The Issues and timely filed a critical circumstances that were excluded or revoked from the Decision Memorandum is a public allegation, pursuant to section 733(e)(1) 1999 Korea AD Order as of April 8, document and is on file electronically of the Act and 19 CFR 351.206(c)(1), 2016. The only revoked or excluded company is POSCO. via Enforcement and Compliance’s alleging that critical circumstances exist Antidumping and Countervailing Duty with respect to imports of CTL plate Final Determination from Korea.5 The Department Centralized Electronic Service System The final weighted-average dumping (ACCESS). ACCESS is available to preliminarily determined that critical circumstances did not exist with respect margins are as follows: registered users at https:// to POSCO and all-other producers/ access.trade.gov and it is available to all Weighted- exporters from Korea.6 We received no parties in the Central Records Unit, average comments concerning our Preliminary Exporter/manufacturer dumping room B–8024 of the main Department of Critical Circumstances Determination. margins Commerce building. In addition, a Accordingly, our analysis and (percent) complete version of the Issues and conclusion concerning critical Decision Memorandum can be accessed POSCO ...... 7.39 circumstances remain unchanged for All Others ...... 7.39 directly at http://enforcement.trade.gov/ our final determination. frn/index.html. The signed and Disclosure electronic versions of the Issues and All-Others Rate Decision Memorandum are identical in Section 735(c)(5)(A) of the Act We will disclose the calculations content. provides that the estimated all-others performed within five days of the date rate shall be an amount equal to the of publication of this notice to parties in Verification weighted average of the estimated this proceeding in accordance with 19 CFR 351.224(b). As provided in section 782(i) of the weighted-average dumping margins Tariff Act of 1930, as amended (the Act), established for exporters and producers Continuation of Suspension of in December 2016 and February 2017, individually investigated excluding any Liquidation zero or de minimis margins, and we verified the sales and cost margins determined entirely under In accordance with section information submitted by POSCO and section 776 of the Act. POSCO is the 735(c)(1)(B) of the Act, the Department POSCO Daewoo (collectively POSCO) only respondent for which the will instruct U.S. Customs and Border for use in our final determination. We Department calculated a company- Protection (CBP) to continue to suspend used standard verification procedures, specific margin. Therefore, for purposes liquidation of all appropriate entries of including an examination of relevant of determining the ‘‘all-others’’ rate and CTL plate from the Republic of Korea, accounting and production records, and in accordance with section 735(c)(5)(A) as described in Appendix I of this original source documents provided by of the Act, we are using the dumping notice, which were entered, or 3 POSCO. margin calculated for POSCO, as withdrawn from warehouse, for referenced in the ‘‘Final Determination’’ consumption on or after November 14, 3 For discussion of our verification findings, see section below.7 2016, the date of publication of the the following memoranda: Memorandum to the File preliminary determination of this from Kalsang Dorjee, Staff Accountant, Through 4 The petitioners are ArcelorMittal USA LLC, investigation in the Federal Register. Ernest Z. Gziryan, Lead Accountant to Neal Halper Further, the Department will instruct Director, Office of Accounting, Office II, entitled Nucor Corporation, and SSAB Enterprises, LLC. ‘‘Verification of the Cost Response of POSCO and 5 See Letter from the petitioners, ‘‘Re: Certain CBP to require a cash deposit equal to Daewoo International Corporation in the Carbon and Alloy Steel Cut-To-Length Plate from the estimated amount by which the Antidumping Duty Investigation of Certain Carbon Austria, Belgium, Brazil, the Republic of Korea, normal value exceeds the U.S. price as Taiwan, and Turkey: Critical Circumstances and Alloy Steel Cut-To-Length Plate from Korea,’’ shown above. dated January 12, 2016; Memorandum to the File Allegations,’’ dated July 26, 2016. from Michael J. Heaney, and Moses Song, Analysts, 6 See Certain Carbon and Alloy Steel Cut-to- International Trade Comission (ITC) AD/CVD Operations, Office VI, entitled Length Plate from Austria, Belgium, Brazil, the Notification ‘‘Verification of the Sales Response of POSCO/ Republic of Korea, Taiwan, and Turkey; Daewoo International Corporation in the Antidumping and Countervailing Duty In accordance with section 735(d) of Antidumping Duty Investigation of Certain Carbon Investigations: Preliminary Determinations of the Act, we will notify the ITC of the and Alloy Steel Cut-to-Length Plate (CTL Plate) Critical Circumstances, 81 FR 61666 (September 7, from the Republic of Korea,’’ dated February 14, 2016) (Preliminary Critical Circumstances 2017; Memorandum from Michael J. Heaney to the Determination). Determination of Sales at Less Than Fair Value and File entitled ‘‘Verification of the Sales Response of 7 In accordance with the scope of this Antidumping Duty Orders: Certain Cut-to-Length Daewoo Corporation America (DWA) in the investigation, the application of POSCO’s Carbon-Quality Steel Plate Products from France, Antidumping Duty Investigation of Certain Carbon antidumping rate to all-other producers/exporters India, Indonesia, Italy, Japan, and the Republic of and Alloy Steel Cut-to-Length Plate (CTL Plate) applies only to subject CTL plate not within the Korea 65 FR 6585 (February 10, 2000) (1999 Korea from the Republic of Korea,’’ dated February 14, physical description of cut-to-length carbon quality AD Order). 2017. steel plate in the Notice of Amendment of Final 8 See 1999 Korea AD Order.

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final affirmative determination of sales thickness, and which are not in coils, • MIL–DTL–32332, at LTFV. Because the final whether or not with patterns in relief. The • MIL–A–46100D, covered products described above may be • MIL–DTL–46100–E, determination in this proceeding is • affirmative, in accordance with section rectangular, square, circular or other shapes MIL–46177C, and include products of either rectangular or • MIL–S–16216K Grade HY80, 735(b)(2) of the Act, the ITC will make non-rectangular cross-section where such • MIL–S–16216K Grade HY100, its final determination as to whether the non-rectangular cross-section is achieved • MIL–S–24645A HSLA–80, domestic industry in the United States subsequent to the rolling process, i.e., • MIL–S–24645A HSLA–100, is materially injured, or threatened with products which have been ‘‘worked after • T9074–BD–GIB–010/0300 Grade HY80, material injury, by reason of imports of rolling’’ (e.g., products which have been • T9074–BD–GIB–010/0300 Grade HY100, CTL plate from the Republic of Korea no beveled or rounded at the edges). • T9074–BD–GIB–010/0300 Grade HSLA80, • later than 45 days after our final For purposes of the width and thickness T9074–BD–GIB–010/0300 Grade HSLA100, requirements referenced above, the following determination. If the ITC determines and rules apply: • T9074–BD–GIB–010/0300 Mod. Grade that material injury or threat of material (1) except where otherwise stated where the HSLA115. injury does not exist, the proceeding nominal and actual thickness or width except that any cut-to-length plate certified to will be terminated and all cash deposits measurements vary, a product from a given one of the above specifications, or to a will be refunded. If the ITC determines subject country is within the scope if military grade armor specification that that such injury does exist, the application of either the nominal or actual references and incorporates one of the above Department will issue an antidumping measurement would place it within the specifications, will not be excluded from the duty order directing CBP to assess, upon scope based on the definitions set forth scope if it is also dual- or multiple-certified further instruction by the Department, above unless the product is already to any other non-armor specification that antidumping duties on all imports of the covered by an order existing on that otherwise would fall within the scope of this specific country (i.e., Certain Hot Rolled investigation; subject merchandise entered, or Steel Flat Products from Australia, Brazil, withdrawn from warehouse, for (3) stainless steel plate, containing 10.5 Japan, the Republic of Korea, the percent or more of chromium by weight and consumption on or after the effective Netherlands, the Republic of Turkey, and not more than 1.2 percent of carbon by date of the suspension of liquidation. the United Kingdom: Amended Final weight; Affirmative Antidumping Determination (4) CTL plate meeting the requirements of Notification Regarding Administrative for Australia, the Republic of Korea, and Protective Orders (APO) ASTM A–829, Grade E 4340 that are over 305 the Republic of Turkey and Antidumping mm in actual thickness; This notice serves as a reminder to Duty Orders, 81 FR 67962 (October 3, (5) Alloy forged and rolled CTL plate parties subject to APO of their 2016), and greater than or equal to 152.4 mm in actual responsibility concerning the (2) where the width and thickness vary for thickness meeting each of the following a specific product (e.g., the thickness of disposition of proprietary information requirements: certain products with non-rectangular (a) Electric furnace melted, ladle refined & disclosed under APO in accordance cross-section, the width of certain products with 19 CFR 351.305(a)(3). Timely vacuum degassed and having a chemical with non-rectangular shape, etc.), the composition (expressed in weight notification of the return or destruction measurement at its greatest width or percentages): of APO materials, or conversion to thickness applies. • Carbon 0.23–0.28, judicial protective order, is hereby Steel products included in the scope of this • Silicon 0.05–0.20, requested. Failure to comply with the investigation are products in which: (1) Iron • Manganese 1.20–1.60, regulations and the terms of an APO is predominates, by weight, over each of the • Nickel not greater than 1.0, a sanctionable violation. other contained elements; and (2) the carbon • Sulfur not greater than 0.007, This determination and this notice are content is 2 percent or less by weight. • Phosphorus not greater than 0.020, issued and published pursuant to Subject merchandise includes cut-to-length • Chromium 1.0–2.5, plate that has been further processed in the • Molybdenum 0.35–0.80, sections 735(d) and 777(i)(1) of the Act. subject country or a third country, including • Boron 0.002–0.004, but not limited to pickling, oiling, levelling, Dated: March 29, 2017. • Oxygen not greater than 20 ppm, annealing, tempering, temper rolling, skin Ronald K. Lorentzen, • Hydrogen not greater than 2 ppm, and passing, painting, varnishing, trimming, Acting Assistant Secretary for Enforcement • Nitrogen not greater than 60 ppm; cutting, punching, beveling, and/or slitting, and Compliance. or any other processing that would not (b) With a Brinell hardness measured in all Appendix I otherwise remove the merchandise from the parts of the product including mid thickness scope of the investigation if performed in the falling within one of the following ranges: Scope of the Investigation country of manufacture of the cut-to-length (i) 270–300 HBW, The products covered by this investigation plate. (ii) 290–320 HBW, or are certain carbon and alloy steel hot-rolled All products that meet the written physical (iii) 320–350HBW; or forged flat plate products not in coils, description, are within the scope of this (c) Having cleanliness in accordance with whether or not painted, varnished, or coated investigation unless specifically excluded or ASTM E45 method A (Thin and Heavy): A with plastics or other non-metallic covered by the scope of an existing order. not exceeding 1.5, B not exceeding 1.0, C not substances (cut-to-length plate). Subject The following products are outside of, and/ exceeding 0.5, D not exceeding 1.5; and merchandise includes plate that is produced or specifically excluded from, the scope of (d) Conforming to ASTM A578–S9 by being cut-to-length from coils or from this investigation: ultrasonic testing requirements with other discrete length plate and plate that is (1) Products clad, plated, or coated with acceptance criteria 2 mm flat bottom hole; rolled or forged into a discrete length. The metal, whether or not painted, varnished or (6) Alloy forged and rolled steel CTL plate products covered include (1) Universal mill coated with plastic or other non-metallic over 407 mm in actual thickness and meeting plates (i.e., flat-rolled products rolled on four substances; the following requirements: faces or in a closed box pass, of a width (2) military grade armor plate certified to (a) Made from Electric Arc Furnace melted, exceeding 150 mm but not exceeding 1250 one of the following specifications or to a Ladle refined & vacuum degassed, alloy steel mm, and of a thickness of not less than 4 specification that references and incorporates with the following chemical composition mm, which are not in coils and without one of the following specifications: (expressed in weight percentages): patterns in relief), and (2) hot-rolled or forged • MIL–A–12560, • Carbon 0.23–0.28, flat steel products of a thickness of 4.75 mm • MIL–DTL–12560H, • Silicon 0.05–0.15, or more and of a width which exceeds 150 • MIL–DTL–12560J, • Manganese 1.20–1.50, mm and measures at least twice the • MIL–DTL–12560K, • Nickel not greater than 0.4,

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• Sulfur not greater than 0.010, direction equal or greater than 20 ft. lbs 5. Litigation Expenses • Phosphorus not greater than 0.020, (single value) and equal or greater than 25 ft. 6. POSCO Sales of CONNUM Used in Line • Chromium 1.20–1.50, lbs (average of 3 specimens); Pipe Applications • Molybdenum 0.35–0.55, (d) Conforming to ASTM A578–S9 7. Collapsing • Boron 0.002–0.004, ultrasonic testing requirements with 8. Calculation of POSCO Freight Cap • Oxygen not greater than 20 ppm, acceptance criteria 3.2 mm flat bottom hole; 9. Whether to Grant POSCO a CEP Offset • Hydrogen not greater than 2 ppm, and and VII. Recommendation • Nitrogen not greater than 60 ppm; (e) Conforming to magnetic particle [FR Doc. 2017–06631 Filed 4–3–17; 8:45 am] (b) Having cleanliness in accordance with inspection in accordance with AMS 2301. ASTM E45 method A (Thin and Heavy): A At the time of the filing of the petition, BILLING CODE 3510–DS–P not exceeding 1.5, B not exceeding 1.5, C not there was an existing antidumping duty order exceeding 1.0, D not exceeding 1.5; on certain cut-to-length carbon-quality steel (c) Having the following mechanical plate products from Korea. See Notice of DEPARTMENT OF COMMERCE properties: Final Determination of Sales at Less Than (i) With a Brinell hardness not more than Fair Value: Certain Cut-To-Length Carbon- International Trade Administration 237 HBW measured in all parts of the Quality Steel Plate Products from Korea, 64 product including mid thickness; and having FR 73,196 (Dep’t Commerce Dec. 29, 1999), [A–583–858] a Yield Strength of 75ksi min and UTS 95ksi as amended, 65 FR 6,585 (Dep’t Commerce or more, Elongation of 18% or more and Feb 10, 2000) (1999 Korea AD Order). The Certain Carbon and Alloy Steel Cut-To- Reduction of area 35% or more; having scope of the antidumping duty investigation Length Plate From Taiwan: Final charpy V at ¥75 degrees F in the with regard to cut-to-length plate from Korea Determination of Sales at Less Than longitudinal direction equal or greater than covers only (1) subject cut-to-length plate not Fair Value and Final Negative 15 ft. lbs (single value) and equal or greater within the physical description of cut-to- Determination of Critical than 20 ft. lbs (average of 3 specimens) and length carbon quality steel plate in the 1999 Circumstances conforming to the requirements of NACE Korea AD Order, regardless of producer or MR01–75; or exporter; and (2) cut-to-length plate produced AGENCY: Enforcement and Compliance, (ii) With a Brinell hardness not less than and/or exported by those companies that International Trade Administration, 240 HBW measured in all parts of the were excluded or revoked from the 1999 Department of Commerce. product including mid thickness; and having Korea AD Order as of April 8, 2016. The only a Yield Strength of 90 ksi min and UTS 110 revoked or excluded company is Pohang Iron SUMMARY: The Department of Commerce ksi or more, Elongation of 15% or more and and Steel Company, also known as POSCO. (the Department) determines that certain Reduction of area 30% or more; having The products subject to the investigation carbon and alloy steel cut-to-length charpy V at ¥40 degrees F in the are currently classified in the Harmonized plate (CTL plate) from Taiwan is being, longitudinal direction equal or greater than Tariff Schedule of the United States (HTSUS) or is likely to be, sold in the United 21 ft. lbs (single value) and equal or greater under item numbers: 7208.40.3030, States at less than fair value (LTFV). In than 31 ft. lbs (average of 3 specimens); 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000, addition, we determine that critical (d) Conforming to ASTM A578–S9 circumstances do not exist with respect ultrasonic testing requirements with 7211.14.0030, 7211.14.0045, 7225.40.1110, acceptance criteria 3.2 mm flat bottom hole; 7225.40.1180, 7225.40.3005, 7225.40.3050, to imports of the subject merchandise. and 7226.20.0000, and 7226.91.5000. The period of investigation (POI) is (e) Conforming to magnetic particle The products subject to the investigation April 1, 2015, through March 31, 2016. inspection in accordance with AMS 2301; may also enter under the following HTSUS The final dumping margins of sales at (7) Alloy forged and rolled steel CTL plate item numbers: 7208.40.6060, 7208.53.0000, LTFV are listed below in the ‘‘Final over 407 mm in actual thickness and meeting 7208.90.0000, 7210.70.3000, 7210.90.9000, Determination’’ section of this notice. the following requirements: 7211.19.1500, 7211.19.2000, 7211.19.4500, (a) Made from Electric Arc Furnace melted, 7211.19.6000, 7211.19.7590, 7211.90.0000, DATES: Effective April 4, 2017. ladle refined & vacuum degassed, alloy steel 7212.40.1000, 7212.40.5000, 7212.50.0000, FOR FURTHER INFORMATION CONTACT: with the following chemical composition 7214.10.0000, 7214.30.0010, 7214.30.0080, Davina Friedmann or Tyler Weinhold, (expressed in weight percentages): 7214.91.0015, 7214.91.0060, 7214.91.0090, AD/CVD Operations, Office VI, • Carbon 0.25–0.30, 7225.11.0000, 7225.19.0000, 7225.40.5110, 7225.40.5130, 7225.40.5160, 7225.40.7000, Enforcement and Compliance, • Silicon not greater than 0.25, International Trade Administration, • Manganese not greater than 0.50, 7225.99.0010, 7225.99.0090, 7226.11.1000, • 7226.11.9060, 7226.19.1000, 7226.19.9000, U.S. Department of Commerce, 1401 Nickel 3.0–3.5, Constitution Avenue NW., Washington, • Sulfur not greater than 0.010, 7226.91.0500, 7226.91.1530, 7226.91.1560, • Phosphorus not greater than 0.020, 7226.91.2530, 7226.91.2560, 7226.91.7000, DC 20230; telephone: (202) 482–0698 • Chromium 1.0–1.5, 7226.91.8000, and 7226.99.0180. and (202) 482–1121, respectively. The HTSUS subheadings above are • Molybdenum 0.6–0.9, SUPPLEMENTARY INFORMATION: • Vanadium 0.08 to 0.12, provided for convenience and customs • Boron 0.002–0.004, purposes only. The written description of the Background • Oxygen not greater than 20 ppm, scope of the investigation is dispositive. • On November 14, 2016, the Hydrogen not greater than 2 ppm, and Appendix II Department published the Preliminary • Nitrogen not greater than 60 ppm. List of Topics Discussed in the Issues and Determination of sales at LTFV of CTL (b) Having cleanliness in accordance with plate from Taiwan.1 A summary of the ASTM E45 method A (Thin and Heavy): A Decision Memorandum not exceeding 1.0(t) and 0.5(h), B not I. Summary events that occurred since the exceeding 1.5(t) and 1.0(h), C not exceeding II. Background Department published the Preliminary 1.0(t) and 0.5(h), and D not exceeding 1.5(t) III. Scope of the Investigation Determination, as well as a full and 1.0(h); IV. Scope Comments discussion of the issues raised by parties (c) Having the following mechanical V. Margin Calculations for this final determination, may be properties: A Brinell hardness not less than VI. Discussion of the Issues found in the Issues and Decision 350 HBW measured in all parts of the 1. Differential Pricing product including mid thickness; and having 2. Whether POSCO Cost Reporting Merits 1 See Certain Carbon and Alloy Steel Cut-to- a Yield Strength of 145ksi or more and UTS Use of Adverse Facts Available Length Plate From France: Preliminary 160ksi or more, Elongation of 15% or more 3. Expenses Related to Greenhouse Gas Determination of Sales at Less Than Fair Value, 81 and Reduction of area 35% or more; having Emissions Program FR 79420 (November 14, 2016) (Preliminary charpy V at -40 degrees F in the transverse 4. Investment Activities Determination).

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Memorandum, which is hereby adopted Changes Since the Preliminary the accompanying Issues and Decision by this notice.2 Determination Memorandum. Scope of the Investigation Based on our analysis of the All-Others Rate comments received and our findings at The scope of the investigation covers Section 735(c)(5)(A) of the Act verification, we made certain changes to CTL plate from Taiwan. For a complete provides that the estimated all-others the margin calculations for China Steel description of the scope of the rate shall be an amount equal to the and Shang Chen. For a discussion of investigation, see Appendix I. weighted-average of the estimated these changes, see the ‘‘Margin weighted-average dumping margins Analysis of Comments Received Calculations’’ section of the Issues and established for exporters and producers All issues raised in the case and Decision Memorandum. individually investigated, excluding any rebuttal briefs by parties in this Final Determination of Negative zero or de minimis margins, and investigation are addressed in the Issues Critical Circumstances margins determined entirely under and Decision Memorandum. A list of section 776 of the Act. For the final For the Preliminary Determination, the issues raised is attached to this determination, the Department the Department found that critical notice as Appendix II. The Issues and calculated the ‘‘all others’’ rate based on circumstances existed with respect to Decision Memorandum is a public a simple average of China Steel’s and imports of CTL plate from China Steel document and is on file electronically Shang Chen’s margins.6 via Enforcement and Compliance’s and the companies that are covered by the ‘‘all others’’ rate, but did not exist Final Determination Antidumping and Countervailing Duty 4 Centralized Electronic Service System for imports from Shang Chen. We The final weighted-average dumping (ACCESS). ACCESS is available to modified our critical circumstances margins are as follows: registered users at https:// findings for China Steel and the access.trade.gov, and it is available to companies that are covered by the ‘‘all Weighted- average all parties in the Central Records Unit, others’’ rate for the final determination. For further discussion, see the Issues Exporter/manufacturer dumping Room B–8024 of the main Department margin of Commerce building. In addition, a and Decision Memorandum at Comment (percent) complete version of the Issues and 11. Thus, pursuant to section 735(a)(3) Decision Memorandum can be accessed of the Act and 19 CFR 351.206, we find China Steel Corporation ...... 6.95 that critical circumstances do not exist Shang Chen Steel Co., Ltd ...... 3.62 directly at http://enforcement.trade.gov/ All Others ...... 5.29 frn/index.html. The signed and with respect to subject merchandise produced or exported by China Steel, electronic versions of the Issues and Disclosure Decision Memorandum are identical in Shang Chen, or the companies that are content. covered by the ‘‘all others’’ rate. We will disclose the calculations Adverse Facts Available performed within five days of the date Verification of publication of this notice to parties in As provided in section 782(i) of the In making this final determination, this proceeding in accordance with 19 Tariff Act of 1930, as amended (the Act), the Department relied, in part, on facts CFR 351.224(b). in November and December 2016, and available for China Steel and Shang Chen. Furthermore, because China Steel Continuation of Suspension of in January 2017, we verified the sales Liquidation and cost information submitted by and Shang Chen did not act to the best China Steel Corporation (China Steel) of their ability in responding to certain In accordance with section and Shang Chen Steel Co., Ltd. (Shang of the Department’s requests for 735(c)(1)(B) of the Act, the Department Chen) for use in our final determination. information, we drew an adverse will instruct U.S. Customs and Border We used standard verification inference where appropriate in selecting Protection (CBP) to continue to suspend procedures, including an examination of from among the facts otherwise liquidation of all appropriate entries of 5 relevant accounting and production available. For further information, see CTL plate from Taiwan, as described in records, and original source documents Appendix I of this notice, which were of Accounting, entitled ‘‘Verification of the Cost entered, or withdrawn from warehouse, provided by China Steel and Shang Response of China Steel Corporation in the 3 for consumption on or after November Chen. Antidumping Duty Investigation of Carbon and Alloy Steel Cut-to-Length Plate from Taiwan,’’ 14, 2016, the date of publication of the 2 See Memorandum from Gary Taverman, dated February 9, 2017 (China Steel Cost preliminary determination of this Associate Deputy Assistant Secretary for Verification Report). For Shang Chen, see investigation in the Federal Register. Antidumping and Countervailing Duty Operations, Memorandum to the File from Davina Friedmann, The Department will instruct CBP to to Ronald K. Lorentzen, Acting Assistant Secretary Tyler Weinhold, and Tom Bellhouse, Case Analysts, require a cash deposit equal to the for Enforcement and Compliance, ‘‘Issues and AD/CVD Operations, Office VI, entitled Decision Memorandum for the Final Affirmative ‘‘Verification of the Sales Responses of Shang Chen estimated amount by which the normal Determination in the Less-Than-Fair-Value Steel Co., Ltd. in the Investigation on Certain value exceeds the U.S. price as shown Investigation of Certain Carbon and Alloy Steel Cut- Carbon and Alloy Steel Cut-to-Length Plate from above. to-Length Plate From Taiwan,’’ dated concurrently Taiwan,’’ dated February 9, 2017 (Shang Chen Sales Further, because our final critical with this notice (Issues and Decision Verification Report); Memorandum to Neal Halper circumstances determination is Memorandum). File, Director of Accounting, from Lakshmi Jones 3 For discussion of our verification findings, see Accountant, Office of Accounting, entitled negative, in accordance with section the following memoranda: For China Steel, see ‘‘Verification of the Cost of Production (COP) and 735(c)(3) of the Act, we will instruct Memorandum to the File from Tyler Weinhold, Constructed Value (CV) Response of Shang Chen CBP to terminate the retroactive Davina Friedmann, and Tom Bellhouse, Case Steel Co. Ltd. (SCS) in the antidumping duty suspension of liquidation ordered at the Analysts, AD/CVD Operations, Office VI, entitled investigation of Cut-to-Length Plate from Taiwan,’’ ‘‘Verification of the Sales Responses of China Steel dated January 26, 2017 (Shang Chen Cost Preliminary Determination for China corp. in the Investigation on Certain Carbon and Verification Report). Alloy Steel Cut-to-Length Plate From France,’’ 4 See Preliminary Determination, and 6 Because we did not have useable publicly- dated February 15, 2017 (China Steel Sales accompanying Preliminary Decision Memorandum ranged data on the record, we based the all others Verification Report); and Memorandum to Neal at 4 to 5. rate on the simple average of the mandatory Halper from Gary Urso, Senior Accountant, Office 5 See sections 776(a) and (b) of the Act. respondents’ margins.

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Steel and ‘‘all other’’ companies and to products covered include (1) Universal mill • MIL–DTL–46100–E, release any bond or security and refund plates (i.e., flat-rolled products rolled on four • MIL–46177C, faces or in a closed box pass, of a width • MIL–S–16216K Grade HY80, any cash deposits required with respect • to entries covered by the retroactive exceeding 150 mm but not exceeding 1250 MIL–S–16216K Grade HY100, mm, and of a thickness of not less than 4 • MIL–S–24645A HSLA–80; suspension of liquidation. mm, which are not in coils and without • MIL–S–24645A HSLA–100, patterns in relief), and (2) hot-rolled or forged • T9074–BD–GIB–010/0300 Grade HY80, International Trade Comission (ITC) • Notification flat steel products of a thickness of 4.75 mm T9074–BD–GIB–010/0300 Grade HY100, or more and of a width which exceeds 150 • T9074–BD–GIB–010/0300 Grade HSLA80, In accordance with section 735(d) of mm and measures at least twice the • T9074–BD–GIB–010/0300 Grade HSLA100, the Act, we will notify the ITC of the thickness, and which are not in coils, and final affirmative determination of sales whether or not with patterns in relief. The • T9074–BD–GIB–010/0300 Mod. Grade at LTFV. Because the final covered products described above may be HSLA115, determination in this proceeding is rectangular, square, circular or other shapes except that any cut-to-length plate certified to and include products of either rectangular or one of the above specifications, or to a affirmative, in accordance with section non-rectangular cross-section where such military grade armor specification that 735(b)(2) of the Act, the ITC will make non-rectangular cross-section is achieved references and incorporates one of the above its final determination as to whether the subsequent to the rolling process, i.e., specifications, will not be excluded from the domestic industry in the United States products which have been ‘‘worked after scope if it is also dual- or multiple-certified is materially injured, or threatened with rolling’’ (e.g., products which have been to any other non-armor specification that material injury, by reason of imports of beveled or rounded at the edges). otherwise would fall within the scope of this CTL plate from France no later than 45 For purposes of the width and thickness investigation; days after our final determination. If the requirements referenced above, the following (3) stainless steel plate, containing 10.5 ITC determines that material injury or rules apply: percent or more of chromium by weight and (1) Except where otherwise stated where not more than 1.2 percent of carbon by threat of material injury does not exist, the nominal and actual thickness or width weight; the proceeding will be terminated and measurements vary, a product from a given (4) CTL plate meeting the requirements of all cash deposits will be refunded. If the subject country is within the scope if ASTM A–829, Grade E 4340 that are over 305 ITC determines that such injury does application of either the nominal or actual mm in actual thickness; exist, the Department will issue an measurement would place it within the scope (5) Alloy forged and rolled CTL plate antidumping duty order directing CBP based on the definitions set forth above; and greater than or equal to 152.4 mm in actual to assess, upon further instruction by (2) where the width and thickness vary for thickness meeting each of the following the Department, antidumping duties on a specific product (e.g., the thickness of requirements: all imports of the subject merchandise certain products with non-rectangular cross- (a) Electric furnace melted, ladle refined & section, the width of certain products with vacuum degassed and having a chemical entered, or withdrawn from warehouse, non-rectangular shape, etc.), the composition (expressed in weight for consumption on or after the effective measurement at its greatest width or percentages): date of the suspension of liquidation. thickness applies. • Carbon 0.23–0.28, • Notification Regarding Administrative Steel products included in the scope of this Silicon 0.05–0.20, investigation are products in which: (1) Iron • Manganese 1.20–1.60, Protective Orders (APO) predominates, by weight, over each of the • Nickel not greater than 1.0, This notice serves as a reminder to other contained elements; and (2) the carbon • Sulfur not greater than 0.007, parties subject to APO of their content is 2 percent or less by weight. • Phosphorus not greater than 0.020, • responsibility concerning the Subject merchandise includes cut-to-length Chromium 1.0–2.5, plate that has been further processed in the • Molybdenum 0.35–0.80, disposition of proprietary information • disclosed under APO in accordance subject country or a third country, including Boron 0.002–0.004, but not limited to pickling, oiling, levelling, • Oxygen not greater than 20 ppm, with 19 CFR 351.305(a)(3). Timely annealing, tempering, temper rolling, skin • Hydrogen not greater than 2 ppm, and notification of the return or destruction passing, painting, varnishing, trimming, • Nitrogen not greater than 60 ppm; of APO materials, or conversion to cutting, punching, beveling, and/or slitting, (b) With a Brinell hardness measured in all judicial protective order, is hereby or any other processing that would not parts of the product including mid thickness requested. Failure to comply with the otherwise remove the merchandise from the falling within one of the following ranges: regulations and the terms of an APO is scope of the investigation if performed in the (i) 270–300 HBW, a sanctionable violation. country of manufacture of the cut-to-length (ii) 290–320 HBW, or This determination and this notice are plate. (iii) 320–350HBW; issued and published pursuant to All products that meet the written physical (c) Having cleanliness in accordance with description, are within the scope of this ASTM E45 method A (Thin and Heavy): A sections 735(d) and 777(i)(1) of the Act. investigation unless specifically excluded or not exceeding 1.5, B not exceeding 1.0, C not Dated: March 29, 2017. covered by the scope of an existing order. exceeding 0.5, D not exceeding 1.5; and Ronald K. Lorentzen, The following products are outside of, and/ (d) Conforming to ASTM A578–S9 or specifically excluded from, the scope of ultrasonic testing requirements with Acting Assistant Secretary for Enforcement this investigation: acceptance criteria 2 mm flat bottom hole; and Compliance. (1) Products clad, plated, or coated with (6) Alloy forged and rolled steel CTL plate Appendix I metal, whether or not painted, varnished or over 407 mm in actual thickness and meeting coated with plastic or other non-metallic the following requirements: Scope of the Investigation substances; (a) Made from Electric Arc Furnace melted, The products covered by this investigation (2) military grade armor plate certified to Ladle refined & vacuum degassed, alloy steel are certain carbon and alloy steel hot-rolled one of the following specifications or to a with the following chemical composition or forged flat plate products not in coils, specification that references and incorporates (expressed in weight percentages): whether or not painted, varnished, or coated one of the following specifications: • Carbon 0.23–0.28, with plastics or other non-metallic • MIL–A–12560, • Silicon 0.05–0.15, substances (cut-to-length plate). Subject • MIL–DTL–12560H, • Manganese 1.20–1.50, merchandise includes plate that is produced • MIL–DTL–12560J, • Nickel not greater than 0.4, by being cut-to-length from coils or from • MIL–DTL–12560K, • Sulfur not greater than 0.010, other discrete length plate and plate that is • MIL–DTL–32332, • Phosphorus not greater than 0.020, rolled or forged into a discrete length. The • MIL–A–46100D, • Chromium 1.20–1.50,

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• Molybdenum 0.35–0.55, (d) Conforming to ASTM A578–S9 15. Shang Chen General and • Boron 0.002–0.004, ultrasonic testing requirements with Administrative Expenses • Oxygen not greater than 20 ppm, acceptance criteria 3.2 mm flat bottom hole; 16. Shang Chen Scrap Offset • Hydrogen not greater than 2 ppm, and and 17. Quarterly Cost Data • Nitrogen not greater than 60 ppm; (e) Conforming to magnetic particle 18. Shang Chen Differential Pricing (b) Having cleanliness in accordance with inspection in accordance with AMS 2301. Analysis ASTM E45 method A (Thin and Heavy): A The products subject to the investigation 19. Shang Chen Date of Sale not exceeding 1.5, B not exceeding 1.5, C not are currently classified in the Harmonized 20. Shang Chen Sales-Related Revenues exceeding 1.0, D not exceeding 1.5; Tariff Schedule of the United States (HTSUS) 21. Shang Chen Reported Packing Cost (c) Having the following mechanical under item numbers: 7208.40.3030, 22. Alleged Error in Shang Chen’s Margin properties: 7208.40.3060, 7208.51.0030, 7208.51.0045, Calculation Program (i) With a Brinell hardness not more than 7208.51.0060, 7208.52.0000, 7211.13.0000, IX. Recommendation 237 HBW measured in all parts of the 7211.14.0030, 7211.14.0045, 7225.40.1110, product including mid thickness; and having 7225.40.1180, 7225.40.3005, 7225.40.3050, [FR Doc. 2017–06703 Filed 4–3–17; 8:45 am] a Yield Strength of 75ksi min and UTS 95ksi 7226.20.0000, and 7226.91.5000. BILLING CODE 3510–DS–P or more, Elongation of 18% or more and The products subject to the investigation Reduction of area 35% or more; having may also enter under the following HTSUS charpy V at ¥75 degrees F in the item numbers: 7208.40.6060, 7208.53.0000, DEPARTMENT OF COMMERCE longitudinal direction equal or greater than 7208.90.0000, 7210.70.3000, 7210.90.9000, 15 ft. lbs (single value) and equal or greater 7211.19.1500, 7211.19.2000, 7211.19.4500, International Trade Administration than 20 ft. lbs (average of 3 specimens) and 7211.19.6000, 7211.19.7590, 7211.90.0000, [Docket No.: 170301219–7219–01] conforming to the requirements of NACE 7212.40.1000, 7212.40.5000, 7212.50.0000, MR01–75; or 7214.10.0000, 7214.30.0010, 7214.30.0080, RIN 0625–XC029 (ii) With a Brinell hardness not less than 7214.91.0015, 7214.91.0060, 7214.91.0090, 240 HBW measured in all parts of the 7225.11.0000, 7225.19.0000, 7225.40.5110, Amendment to the Privacy Shield Cost product including mid thickness; and having 7225.40.5130, 7225.40.5160, 7225.40.7000, Recovery Fees a Yield Strength of 90 ksi min and UTS 110 7225.99.0010, 7225.99.0090, 7226.11.1000, ksi or more, Elongation of 15% or more and 7226.11.9060, 7226.19.1000, 7226.19.9000, AGENCY: International Trade Reduction of area 30% or more; having 7226.91.0500, 7226.91.1530, 7226.91.1560, Administration, U.S. Department of ¥ charpy V at 40 degrees F in the 7226.91.2530, 7226.91.2560, 7226.91.7000, Commerce. longitudinal direction equal or greater than 7226.91.8000, and 7226.99.0180. ACTION: 21 ft. lbs (single value) and equal or greater The HTSUS subheadings above are Notice of amendment to the than 31 ft. lbs (average of 3 specimens); provided for convenience and customs Privacy Shield cost recovery program (d) Conforming to ASTM A578–S9 purposes only. The written description of the fees, with request for comments. ultrasonic testing requirements with scope of the investigation is dispositive. acceptance criteria 3.2 mm flat bottom hole; SUMMARY: Consistent with the and Appendix II guidelines in OMB Circular A–25, the (e) Conforming to magnetic particle U.S. Department of Commerce’s inspection in accordance with AMS 2301; List of Topics Discussed in the Issues and International Trade Administration (7) Alloy forged and rolled steel CTL plate Decision Memorandum (ITA) is revising the fee schedule over 407 mm in actual thickness and meeting I. Summary implemented on August 1, 2016. On the following requirements: II. Background January 12, 2017, the Swiss Government (a) Made from Electric Arc Furnace melted, III. Use of Adverse Facts Available announced the approval of the Swiss- ladle refined & vacuum degassed, alloy steel a. China Steel with the following chemical composition U.S. Privacy Shield Framework as a b. Shang Chen (expressed in weight percentages): valid legal mechanism to comply with IV. Scope of the Investigation • Carbon 0.25–0.30, Swiss requirements when transferring V. Scope Comments • Silicon not greater than 0.25, personal data from Switzerland to the VI. Affiliations and Collapsing • Manganese not greater than 0.50, United States. For more detailed VII. Margin Calculations • Nickel 3.0–3.5, VIII. Discussion of Issues information on the Swiss-U.S. Privacy • Sulfur not greater than 0.010, a. China Steel Shield Framework and the • Phosphorus not greater than 0.020, 1. Whether to Apply Total Adverse Facts announcement, please see https:// • Chromium 1.0–1.5, Available to China Steel www.privacyshield.gov/Program- • Molybdenum 0.6–0.9, 2. China Steel Excluded Operating Costs • Vanadium 0.08 to 0.12 Overview. 3. China Steel Under-Reported Prime • Boron 0.002–0.004, This notice revises the Privacy Shield Merchandise • Oxygen not greater than 20 ppm, fee structure to incorporate the Swiss- 4. China Steel Under-Reported G&A • Hydrogen not greater than 2 ppm, and U.S. Privacy Shield Framework in Expenses • Nitrogen not greater than 60 ppm. addition to the existing EU–U.S. Privacy 5. China Steel Under-Reported Interest (b) Having cleanliness in accordance with Expenses Shield Framework. This is to support ASTM E45 method A (Thin and Heavy): A 6. China Steel Improperly Reduced COGS the operation of both the EU–U.S. and not exceeding 1.0(t) and 0.5(h), B not 7. China Steel Date of Sale Swiss-U.S. Privacy Shield Frameworks exceeding 1.5(t) and 1.0(h), C not exceeding 8. China Steel Home Market Post-Sale Price (Privacy Shield). 1.0(t) and 0.5(h), and D not exceeding 1.5(t) Adjustments and 1.0(h); DATES: These fees are effective April 12, 9. China Steel Destination Codes (c) Having the following mechanical 2017. Comments must be received by 10. China Steel Packing Expenses properties: A Brinell hardness not less than May 4, 2017. 11. Critical Circumstances 350 HBW measured in all parts of the 12. Alleged Errors in China Steel ADDRESSES: You may submit comments product including mid thickness; and having Verification Report by either of the following methods: a Yield Strength of 145ksi or more and UTS b. Shang Chen • Federal eRulemaking Portal: 160ksi or more, Elongation of 15% or more 13. Total Adverse Facts Available for and Reduction of area 35% or more; having www.Regulations.gov. The identification Shang Chen charpy V at ¥40 degrees F in the transverse number is ITA–2017–0001. 14. Adjustments to the Reported Per-Unit direction equal or greater than 20 ft. lbs • Postal Mail/Commercial Delivery to Cost of Manufacturing (single value) and equal or greater than 25 ft. Joshua Blume, Department of lbs (average of 3 specimens); Commerce, International Trade

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Administration, Room 11022, 1401 supervision of the Privacy Shield and international commerce (15 U.S.C. Constitution Avenue NW., Washington, support Privacy Shield services 1512). DC and reference ‘‘Privacy Shield Fee including education and outreach. The ITA administers and supervises the Structure, ITA–2017–0001’’ in the revised Privacy Shield fee structure will EU–U.S. Privacy Shield Framework, subject line. become effective on April 12, 2017, including by maintaining and making Instructions: You must submit when ITA will begin accepting publicly available an authoritative list of comments by one of the above methods certifications to the Swiss–U.S. Privacy U.S. organizations that have self- to ensure that the comments are Shield. certified to the DOC. U.S. organizations received and considered. Comments While the revised fees will be submit information to ITA to self-certify sent by any other method, to any other effective April 12, 2017, ITA is their compliance with Privacy Shield. address or individual, or received after providing the public with the ITA similarly will administer and the end of the comment period, may not opportunity to comment on these supervise the Swiss-U.S. Privacy Shield be considered. All comments received revised fees. ITA will then review all Framework. ITA will accept self- are a part of the public record and will comments and reassess the Privacy certification submissions for the Swiss- generally be posted to http:// Shield fees after August 1, 2017, a full U.S. Privacy Shield beginning on April www.regulations.gov without change. year from initial implementation of 12, 2017. Consistent with the Paperwork All Personal Identifying Information (for Privacy Shield, as originally discussed Reduction Act, ITA published proposed example, name, address, etc.) in the Cost Recovery Fee Schedule for information collections as described in voluntarily submitted by the commenter the EU–U.S. Privacy Shield Framework, the EU–U.S. and Swiss–U.S. Privacy may be publicly accessible. Do not published September 30, 2016. The Shield Frameworks for public notice submit Confidential Business review will recur at least every two and comment (81 FR 78775 and 82 FR Information or otherwise sensitive or years thereafter, in accordance with 7796; and 82 FR 6492, respectively). protected information. ITA will accept OMB Circular A–25. U.S. organizations considering self- anonymous comments (enter ‘‘N/A’’ in Consistent with the guidelines in certifying to the Privacy Shield should the required fields if you wish to remain OMB Circular A–25, federal agencies are review the Privacy Shield Frameworks. anonymous). Attachments to electronic responsible for implementing cost In summary, to enter either the EU or comments will be accepted in Microsoft recovery program fees. The role of ITA Swiss–U.S. Privacy Shield Framework, Word, Excel, or Adobe PDF file formats is to strengthen the competitiveness of an organization must (a) be subject to only. Supporting documents and any U.S. industry, promote trade and the investigatory and enforcement comments we receive on this docket investment, and ensure fair trade powers of the Federal Trade may be viewed at http:// through the rigorous enforcement of our Commission (FTC) or the Department of www.regulations.gov/ ITA–2017–0001. trade laws and agreements. ITA works Transportation; (b) publicly declare its More information regarding the to promote privacy policy frameworks commitment to comply with the Privacy Privacy Shield can be found at https:// to facilitate the flow of data across Shield Framework Principles through www.privacyshield.gov/Program- borders and support international trade. self-certification to the DOC; (c) publicly Overview. The United States, the European disclose its privacy policies in line with Union (EU), and Switzerland share the the Privacy Shield Framework FOR FURTHER INFORMATION CONTACT: goal of enhancing privacy protection but Principles; and (d) fully implement Requests for additional information take different approaches to protecting them. regarding the EU–U.S. and Swiss-U.S. personal data. Given those differences, Self-certification to the DOC is Privacy Shield Frameworks should be the Department of Commerce (DOC) voluntary. However, an organization’s directed to Joshua Blume, Department of developed the Privacy Shield failure to comply with the Privacy Commerce, International Trade Frameworks in consultation with the Shield Framework Principles after its Administration, Room 11022, 1401 European Commission, the Swiss self-certification is enforceable under Constitution Avenue NW., Washington, Government, and with industry and Section 5 of the Federal Trade DC, tel. 202–482–0988 or 202–482–1512 other stakeholders, to provide Commission Act prohibiting unfair and or via email at [email protected]. organizations in the United States with deceptive acts in or affecting commerce Additional information on ITA fees is a reliable mechanism for personal data (15 U.S.C. 45(a)) or other laws or available at trade.gov/fees. transfers to the United States from the regulations prohibiting such acts. SUPPLEMENTARY INFORMATION: European Union and Switzerland while ITA implemented a cost recovery ensuring the data is protected in a program to support the operation of the Background: manner consistent with EU and Swiss EU–U.S. Privacy Shield and is revising In the revised fee structure, there will law. that fee schedule to additionally support be one annual fee applied to U.S. As referenced in the Cost Recovery the operation of the Swiss–U.S. Privacy organizations to participate in either the Fee Schedule for the EU–U.S. Privacy Shield. The fee a given organization will Swiss–U.S. or EU–U.S. Privacy Shield Shield Framework, published be charged will be based on the Frameworks. Should a U.S. organization September 30, 2016 (81 FR 67293), the organization’s annual revenue. A opt to self-certify for both programs, European Commission approved the separate fee will be applied annually to they will be provided a reduced rate for EU–U.S. Privacy Shield Framework on organizations that withdraw from the the second Framework and be required July 12, 2016. More recently, on January Privacy Shield and continue to maintain to synchronize their recertifications to 12, 2017, the Swiss government data received while they participated in both Frameworks to maximize approved the Swiss–U.S. Privacy Shield the Privacy Shield. The cost recovery efficiency. Additionally, a fee will be Framework, which is based on the EU– program will support the administration applied annually to organizations that U.S. Privacy Shield. The published and supervision of the Privacy Shield withdraw from the Privacy Shield and Privacy Shield is available at https:// program and support the provision of continue to maintain data received www.privacyshield.gov/. The DOC has Privacy Shield-related services, while they participated in the Privacy issued the Privacy Shield Framework including education and outreach. Shield. The cost recovery program will Principles under its statutory authority The Cost Recovery Fee Schedule for support the administration and to foster, promote, and develop the EU–U.S. Privacy Shield Framework,

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published September 30, 2016 (81 FR be required to pay for recertification. withdrawal from Privacy Shield. The 67293), describes the fees implemented These fees are set forth below: Privacy Shield includes commitments by ITA to cover the administration and from ITA to: supervision of the EU–U.S. Privacy REVISED ANNUAL FEE SCHEDULE FOR • Maintain, upgrade, and update a Shield Framework. Under this revision THE EU–U.S. AND SWISS–U.S. PRI- Privacy Shield Web site; • to the fee structure, organizations that VACY SHIELD FRAMEWORKS verify self-certification join only one Privacy Shield requirements submitted by Framework, whether EU or Swiss, will Both organizations to participate in the Organization’s annual Single frame- pay the same single fee when initially revenue framework works Privacy Shield; self-certifying or re-certifying. • expand efforts to follow up with Organizations that join both $0 to $5 million ...... $250 $375 organizations that have been removed Frameworks will pay an additional 50 Over $5 million to $25 from the Privacy Shield List and ensure, million ...... 650 975 percent of that single fee when self- Over $25 million to $500 where applicable, that questionnaires certifying or re-certifying for the second million ...... 1,000 1,500 are correctly filed and processed; Framework, reflecting the efficiency Over $500 million to $5 • search for and address false claims savings in administering the Program for billion ...... 2,500 3,750 of participation; organizations that participate in both Over $5 billion ...... 3,250 4,875 • conduct periodic compliance reviews and assessments of the program; Frameworks. Annual Fee for Retaining Data after These efficiency savings are • provide information regarding the Withdrawal: $200. maximized if organizations self-certify program to targeted audiences; Organizations will have additional • to both Frameworks simultaneously, increase cooperation with EU and direct costs associated with reducing the required staff time and Swiss data protection authorities; • resources for reviewing materials. participating in the Privacy Shield. For facilitate resolution of complaints example, Privacy Shield organizations about non-compliance; Accordingly, organizations that join • both Frameworks will be required to must provide a readily available hold annual meetings with the synchronize recertification between the independent recourse mechanism to European Commission, Swiss EU–U.S. and Swiss–U.S. Privacy Shield hear individual complaints at no cost to government, and other authorities to the individual. Furthermore, review the program; and Frameworks by renewing their • certifications to both Frameworks organizations will be required to pay provide an update of laws relevant simultaneously. contributions in connection with the to Privacy Shield. In addition, in order to allow arbitral model, as described in Annex I In setting these revised Privacy Shield organizations to set their own annual to the Principles. fees, ITA determined that the services provided offer special benefits to an schedules, organizations that participate Method for Determining Fees in one or both Frameworks may adjust identifiable recipient beyond those that their annual recertification date by re- ITA collects, retains, and expends accrue to the general public. ITA certifying early to one or both user fees pursuant to delegated calculated the actual cost of providing Frameworks. authority under the Mutual Educational its services in order to provide a basis For example, organizations that and Cultural Exchange Act as for setting each fee. This actual cost already have joined the EU Framework authorized in its annual appropriations incorporates direct and indirect costs, and wish to join the Swiss Framework acts. The Privacy Shield was developed including operations and maintenance, as well will have three options for to provide organizations in the United overhead, and charges for the use of timing the synchronized recertification. States with a reliable mechanism for capital facilities. ITA also took into Such organizations may (a) self-certify personal data transfers that underpin account additional factors, including to the Swiss Framework before the EU the trade and investment relationships adequacy of cost recovery, affordability, renewal comes due and re-certify early between the United States and (1) the and costs associated with alternative to the EU Framework at the same time; EU, and (2) Switzerland. As one of only options available to U.S. organizations (b) wait until their certification to the several valid data transfer mechanisms, for the receipt of personal data from the EU Framework is up for renewal and Privacy Shield operates in a way that EU and Switzerland. Furthermore, ITA self-certify to the Swiss Framework at provides strong consumer protection as considered the cost-savings and the same time as they renew their well as a more effective and efficient efficiencies gained in staff hours certification to the EU Framework; or (c) service to corporations at a lower cost through simultaneous review of self- self-certify to the Swiss Framework than other options, including standard certifications for both the Swiss–U.S. separately (without waiting for their contractual clauses or binding corporate and EU–U.S. Privacy Shield recertification to the EU Framework to rules. Frameworks. This analysis balanced come due), and then re-certify to both Fees are set taking into account the these cost savings with projected Frameworks when their recertification operational costs borne by ITA to expenses, including, but not limited to, to the EU Framework comes due. administer and supervise the Privacy Web site development, further Finally, a fixed annual fee of $200 Shield program. As described in the negotiations with the EU and will be charged for organizations that Cost Recovery Fee Schedule for the EU– Switzerland, an annual review, withdraw from the Privacy Shield and U.S. Privacy Shield Framework, certification review, and facilitating maintain data received under Privacy published September 30, 2016 (81 FR complaint resolutions. Shield. This fee has been set to cover 267293), the Privacy Shield program ITA will continue to use the staff costs for reviewing the requires a significant commitment of established five-tiered fee schedule (81 questionnaires of organizations resources and staff. These costs include FR 267293) that has promoted withdrawing from the program, as well broad programmatic costs to run the participation of small organizations in as the necessary Web site infrastructure Privacy Shield as well as costs specific Privacy Shield, while implementing a to facilitate submission of the proper to each of the Privacy Shield reduced rate for organizations self- documents. Additionally, this fee is set Frameworks and to the program that certifying to both the Swiss–U.S. and to be less than any organization would allows Participants to retain data after EU–U.S. Privacy Shield Frameworks. A

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multiple-tiered fee schedule allows ITA process this annual affirmation will be DATES: Effective April 4, 2017. to offer organizations with lower similar for all companies, regardless of FOR FURTHER INFORMATION CONTACT: revenue a lower fee. In setting the five size. Andrew Medley or David Crespo, AD/ tiers, ITA considered, in conjunction Conclusion CVD Operations, Office II, Enforcement with the factors mentioned above: (1) and Compliance, International Trade The Small Business Administration’s Based on the information provided Administration, U.S. Department of guidance on identifying small and above, ITA believes that the revised Commerce, 1401 Constitution Avenue medium enterprises (SMEs) in various Privacy Shield cost recovery fees are NW., Washington, DC 20230; telephone: consistent with the objective of OMB industries most likely to participate in (202) 482–4987 and (202) 482–3693, Circular A–25 to ‘‘promote efficient the Privacy Shield, such as computer respectively. services, software and information allocation of the nation’s resources by services; (2) the likelihood that small establishing charges for special benefits SUPPLEMENTARY INFORMATION: companies would be expected to receive provided to the recipient that are at least Background less personal data and thereby use fewer as great as the cost to the U.S. government resources; and (3) the Government of providing the special On November 14, 2016, the likelihood that companies with higher benefits . . .’’ OMB Circular A–25(5)(b). Department published the Preliminary revenue would have more customers ITA is providing the public with the Determination of sales at LTFV of CTL 1 whose data they process, which would opportunity to comment on the fee plate from Belgium. A summary of the use more government resources schedule, and it will consider these events that occurred since the dedicated to administering and comments when it next reassesses the Department published the Preliminary overseeing Privacy Shield. For example, fee schedule. As noted in the Cost Determination, as well as a full if a company holds more data it could Recovery Fee Schedule for the EU–U.S. discussion of the issues raised by parties reasonably produce more questions and Privacy Shield Framework, published for this final determination, may be complaints from consumers and EU and September 30, 2016 (81 FR 267293), ITA found in the Issues and Decision Swiss Data Protection Authorities will conduct its next fee reassessment Memorandum, which is hereby adopted (DPAs). ITA has committed to after August 1, 2017, at the conclusion by this notice.2 facilitating the resolution of individual of the first year of implementation of the Scope of the Investigation complaints and to communicating with Privacy Shield. ITA will continue to the FTC and the DPAs regarding conduct reassessments thereafter at least The scope of the investigation covers consumer complaints. Lastly, the fee every two years, in accordance with CTL plate from Belgium. For a complete increases between the tiers are based in OMB Circular A–25. description of the scope of the investigation, see Appendix I. part on projected program costs and Dated: March 28, 2017. estimated participation levels among Alysha Taylor, Analysis of Comments Received companies within each tier. Acting Deputy Assistant Secretary for All issues raised in the case and As noted above, the revised fee Services, Industry & Analysis, International schedule recoups the costs to ITA for rebuttal briefs by parties in this Trade Administration, U.S. Department of investigation are addressed in the Issues operating and maintaining Privacy Commerce. Shield. Organizations seeking to join the and Decision Memorandum. A list of [FR Doc. 2017–06437 Filed 4–3–17; 8:45 am] the issues raised is attached to this Swiss–U.S. Privacy Shield Framework BILLING CODE 3510–DR–P may do so beginning on April 12, 2017, notice as Appendix II. The Issues and through Privacyshield.gov. ITA has Decision Memorandum is a public taken into account efficiencies and DEPARTMENT OF COMMERCE document and is on file electronically economies of scale experienced when via Enforcement and Compliance’s organizations participate in both International Trade Administration Antidumping and Countervailing Duty Frameworks by providing a 50 percent Centralized Electronic Service System [A–423–812] discount off the second Framework and (ACCESS). ACCESS is available to requiring organizations to synchronize Certain Carbon and Alloy Steel Cut-To- registered users at https:// their recertifications. The added cost of Length Plate From Belgium: Final access.trade.gov, and it is available to joining a second Framework reflects the Determination of Sales at Less Than all parties in the Central Records Unit, additional expenses incurred, including, Fair Value and Final Determination of room B–8024 of the main Department of but not limited to, for communications Critical Circumstances, in Part Commerce building. In addition, a with DPAs and Web site infrastructure complete version of the Issues and and development, as well as the AGENCY: Enforcement and Compliance, Decision Memorandum can be accessed additional costs of cooperating and International Trade Administration, directly at http://enforcement.trade.gov/ communicating separately with the EU Department of Commerce. frn/index.html. The signed and and Swiss representatives and SUMMARY: The Department of Commerce electronic versions of the Issues and governments. (the Department) determines that certain Decision Memorandum are identical in The fee applied to organizations that carbon and alloy steel cut-to-length content. withdraw from Privacy Shield but plate (CTL plate) from Belgium is being, maintain data is meant to cover the or is likely to be, sold in the United 1 See Certain Carbon and Alloy Steel Cut-To- programmatic costs associated with States at less than fair value (LTFV). In Length Plate from Belgium: Preliminary ITA’s processing of such organizations’ addition, we determine that critical Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 81 FR 79431 annual affirmation of commitment to circumstances exist with respect to (November 14, 2016) (Preliminary Determination). continue to apply the Privacy Shield imports of the subject merchandise. The 2 See Memorandum, ‘‘Issues and Decision Framework Principles to the personal period of investigation (POI) is April 1, Memorandum for the Final Affirmative information they received while 2015, through March 31, 2016. The final Determination in the Less-Than-Fair-Value Investigation of Certain Carbon and Alloy Steel Cut- participating in the Privacy Shield. The dumping margins of sales at LTFV are to-Length Plate from Belgium,’’ dated concurrently flat fee is based on the expectation that listed below in the ‘‘Final with, and hereby adopted by, this notice (Issues and government resources required to Determination’’ section of this notice. Decision Memorandum).

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Verification Changes Since the Preliminary sections 776(a) and (b) of the Act and 19 Determination CFR 351.308, to NLMK Belgium. For As provided in section 782(i) of the further discussion, see the Issues and Tariff Act of 1930, as amended (the Act), Based on our analysis of the comments received and our findings at Decision Memorandum at Comment 11. in November and December 2016, we verification, we made certain changes to We are able to corroborate the highest verified the sales and cost information the margin calculations for Industeel. petition dumping margin of 51.78 submitted by Industeel Belgium S.A. For a discussion of these changes, see percent to the extent practicable within (Industeel), for use in our final the Issues and Decision Memorandum. the meaning of section 776(c) of the Act determination. We used standard using the highest transaction-specific Final Affirmative Determination of verification procedures, including an dumping margins calculated for Critical Circumstances examination of relevant accounting and Industeel and, thus, we assigned this production records, and original source For the Preliminary Determination, dumping margin to NLMK Belgium as documents provided by Industeel.3 the Department found that critical AFA. For further discussion, see the In addition, as provided in section circumstances exist with respect to Issues and Decision Memorandum at imports of CTL plate from Industeel and 782(i) of the Act, in December 2016 and ‘‘Use of Adverse Facts Available.’’ NLMK Belgium, and do not exist with January 2017, we also attempted to respect to companies covered by the ‘‘all All-Others Rate verify the sales and cost information others’’ rate.6 We modified our critical 4 Section 735(c)(5)(A) of the Act submitted by NLMK Belgium, using circumstances findings for the final provides that the estimated all-others standard verification procedures. determination. For further discussion, rate shall be an amount equal to the However, as explained in the Issues and see the Issues and Decision weighted-average of the estimated Decision Memorandum, the Department Memorandum at ‘‘Critical weighted-average dumping margins was unable to validate the accuracy of Circumstances.’’ Thus, pursuant to established for exporters and producers NLMK Belgium’s reporting.5 As a section 735(a)(3)(B) of the Act, and 19 individually investigated excluding any consequence, we find that NLMK CFR 351.206(h)(1)–(2), we find that zero or de minimis margins, and Belgium’s reported data are critical circumstances exist with respect margins determined entirely under unverifiable, and, thus, cannot serve as to subject merchandise produced or section 776 of the Act. Industeel is the a reliable basis for reaching a exported by NLMK Belgium and for ‘‘all only respondent for which the determination in this investigation. others,’’ but not for Industeel. Department calculated a company- Specifically, because we encountered so Adverse Facts Available specific margin. Therefore, for purposes many errors within NLMK Belgium’s of determining the ‘‘all-others’’ rate and reported data at verification, and the Due to its failures at verification, we determine that NLMK Belgium’s data pursuant to section 735(c)(5)(A) of the submitted sales and cost information is cannot serve as a reliable basis for Act, we are using the dumping margin integral to the proper evaluation of its reaching a determination in this calculated for Industeel, as referenced in margin calculation, we find that all of investigation and that NLMK Belgium the ‘‘Final Determination’’ section the information submitted by NLMK did not act to the best of its ability to below. Belgium is unverifiable. For further comply with our requests for Final Determination discussion, see the Issues and Decision information. Therefore, we find it Memorandum at Comments 8–12. appropriate to apply adverse facts The final weighted-average dumping available (AFA), in accordance with margins are as follows:

Weighted-average Exporter/manufacturer dumping margins (percent)

Industeel Belgium S.A ...... 5.40 NLMK Clabecq S.A., NLMK Plate Sales S.A., NLMK Sales Europe S.A., NLMK Manage Steel Center S.A., and/or NLMK La Louviere S.A ...... 51.78 All Others ...... 5.40

Disclosure this proceeding in accordance with 19 Continuation of Suspension of We will disclose the calculations CFR 351.224(b). Liquidation performed within five days of the date In accordance with section of publication of this notice to parties in 735(c)(1)(B) of the Act, the Department

3 For discussion of our verification findings, see Manage Steel Center S.A., and NLMK La Louviere To-Length Plate from Belgium,’’ dated January 30, the following memoranda: Memorandum, ‘‘Less S.A. (collectively, NLMK Belgium). No party has 2017; and Memorandum, ‘‘Verification of the Cost Than Fair Value Investigation of Certain Carbon and challenged this determination. Thus, we continue Response of NLMK Clabecq SA in the Antidumping Alloy Steel Cut-To-Length Plate from Belgium: to find, for the final determination, that the five Duty Investigation of Certain Carbon and Alloy Verification of the Sales Responses of Industeel NLMK companies should be collapsed and treated Steel Cut-to-Length Plate from Belgium,’’ dated Belgium S.A.,’’ dated January 18, 2017 and as a single entity, NLMK Belgium. January 11, 2017. Memorandum, ‘‘Verification of the Cost Response of 5 For discussion of our verification findings, see Industeel Belgium S.A. (Industeel) in the the following memoranda: Memorandum, 6 See Certain Carbon and Alloy Steel Cut-to- Antidumping Duty Investigation of Certain Carbon ‘‘Verification of the Sales Response of NLMK Length Plate from Austria, Belgium, Brazil, the and Alloy Steel Cut-to-Length Plate from Belgium,’’ Belgium in the Antidumping Duty Investigation of Republic of Korea, Taiwan, and Turkey; dated January 23, 2017. Certain Carbon and Alloy Steel Cut-To-Length Plate Antidumping and Countervailing Duty 4 In the preliminary determination, the from Belgium,’’ dated January 30, 2017; Investigations: Preliminary Determinations of Department determined to collapse, and treat as a Memorandum, ‘‘Verification of the Sales Response Critical Circumstances, 81 FR 61666 (September 7, single entity, NLMK Clabecq S.A., NLMK Plate of North America Plate LLC in the Antidumping 2016). Sales S.A., NLMK Sales Europe S.A., NLMK Investigation of Certain Carbon and Alloy Steel Cut-

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will instruct U.S. Customs and Border ITC determines that such injury does application of either the nominal or actual Protection (CBP) to continue to suspend exist, the Department will issue an measurement would place it within the scope liquidation of all appropriate entries of antidumping duty order directing CBP based on the definitions set forth above; and CTL plate from Belgium, as described in to assess, upon further instruction by (2) where the width and thickness vary for Appendix I of this notice, which were the Department, antidumping duties on a specific product (e.g., the thickness of certain products with non-rectangular cross- entered, or withdrawn from warehouse, all imports of the subject merchandise section, the width of certain products with for consumption on or after November entered, or withdrawn from warehouse, non-rectangular shape, etc.), the 14, 2016, the date of publication of the for consumption on or after the effective measurement at its greatest width or Preliminary Determination of this date of the suspension of liquidation. thickness applies. investigation in the Federal Register. Steel products included in the scope of this For entries made by NLMK Belgium, in Notification Regarding Administrative investigation are products in which: (1) Iron accordance with section 735(c)(4)(B) of Protective Orders (APO) predominates, by weight, over each of the the Act, because we continue to find This notice serves as a reminder to other contained elements; and (2) the carbon that critical circumstances exist, we will parties subject to APO of their content is 2 percent or less by weight. instruct CBP to continue to suspend responsibility concerning the Subject merchandise includes cut-to-length liquidation of all appropriate entries of disposition of proprietary information plate that has been further processed in the disclosed under APO in accordance subject country or a third country, including CTL plate from Belgium which were but not limited to pickling, oiling, levelling, entered, or withdrawn from warehouse, with 19 CFR 351.305(a)(3). Timely annealing, tempering, temper rolling, skin for consumption on or after August 16, notification of the return or destruction passing, painting, varnishing, trimming, 2016, which is 90 days prior to the date of APO materials, or conversion to cutting, punching, beveling, and/or slitting, of publication of the preliminary judicial protective order, is hereby or any other processing that would not determination of this investigation in requested. Failure to comply with the otherwise remove the merchandise from the the Federal Register. Additionally, for regulations and the terms of an APO is scope of the investigation if performed in the entries made by the companies covered a sanctionable violation. country of manufacture of the cut-to-length by the ‘‘all others’’ rate, in accordance This determination and this notice are plate. with section 735(c)(4)(B) of the Act, issued and published pursuant to All products that meet the written physical because we find that critical sections 735(d) and 777(i)(1) of the Act. description, are within the scope of this circumstances exist, we will instruct investigation unless specifically excluded or Dated: March 29, 2017. covered by the scope of an existing order. CBP to suspend liquidation of all Ronald K. Lorentzen, The following products are outside of, and/ appropriate entries of CTL plate from Acting Assistant Secretary for Enforcement or specifically excluded from, the scope of Belgium which were entered, or and Compliance. this investigation: withdrawn from warehouse, for (1) Products clad, plated, or coated with consumption on or after August 16, Appendix I metal, whether or not painted, varnished or coated with plastic or other non-metallic 2016, which is 90 days prior to the date Scope of the Investigation of publication of the preliminary substances; The products covered by this investigation determination of this investigation in (2) military grade armor plate certified to are certain carbon and alloy steel hot-rolled one of the following specifications or to a the Federal Register. Because the or forged flat plate products not in coils, Department did not find critical specification that references and incorporates whether or not painted, varnished, or coated one of the following specifications: circumstances to exist for Industeel, we with plastics or other non-metallic • MIL–A–12560, will instruct CBP to liquidate all entries, substances (cut-to-length plate). Subject • MIL–DTL–12560H, without regard to duties, which entered merchandise includes plate that is produced • MIL–DTL–12560J, prior to November 14, 2016, the date of by being cut-to-length from coils or from • MIL–DTL–12560K, publication of the Preliminary other discrete length plate and plate that is • MIL–DTL–32332, Determination. rolled or forged into a discrete length. The • MIL–A–46100D, Further, the Department will instruct products covered include (1) Universal mill • MIL–DTL–46100–E, plates (i.e., flat-rolled products rolled on four CBP to require a cash deposit equal to • MIL–46177C, faces or in a closed box pass, of a width • the estimated amount by which the MIL–S–16216K Grade HY80, exceeding 150 mm but not exceeding 1250 • MIL–S–16216K Grade HY100, normal value exceeds the U.S. price, as mm, and of a thickness of not less than 4 • shown above. MIL–S–24645A HSLA–80; mm, which are not in coils and without • MIL–S–24645A HSLA–100, patterns in relief), and (2) hot-rolled or forged • T9074–BD–GIB–010/0300 Grade HY80, International Trade Commission (ITC) flat steel products of a thickness of 4.75 mm Notification • T9074–BD–GIB–010/0300 Grade HY100, or more and of a width which exceeds 150 • T9074–BD–GIB–010/0300 Grade mm and measures at least twice the In accordance with section 735(d) of HSLA80, thickness, and which are not in coils, the Act, we will notify the ITC of the • T9074–BD–GIB–010/0300 Grade whether or not with patterns in relief. The final affirmative determination of sales HSLA100, and covered products described above may be • T9074–BD–GIB–010/0300 Mod. Grade at LTFV. Because the final rectangular, square, circular or other shapes HSLA115, determination in this proceeding is and include products of either rectangular or affirmative, in accordance with section non-rectangular cross-section where such except that any cut-to-length plate certified to 735(b)(2) of the Act, the ITC will make non-rectangular cross-section is achieved one of the above specifications, or to a its final determination as to whether the subsequent to the rolling process, i.e., military grade armor specification that domestic industry in the United States products which have been ‘‘worked after references and incorporates one of the above is materially injured, or threatened with rolling’’ (e.g., products which have been specifications, will not be excluded from the beveled or rounded at the edges). scope if it is also dual- or multiple-certified material injury, by reason of imports of to any other non-armor specification that CTL plate from Belgium no later than 45 For purposes of the width and thickness requirements referenced above, the following otherwise would fall within the scope of this days after our final determination. If the rules apply: investigation; ITC determines that material injury or (1) Except where otherwise stated where (3) stainless steel plate, containing 10.5 threat of material injury does not exist, the nominal and actual thickness or width percent or more of chromium by weight and the proceeding will be terminated and measurements vary, a product from a given not more than 1.2 percent of carbon by all cash deposits will be refunded. If the subject country is within the scope if weight;

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(4) CTL plate meeting the requirements of a Yield Strength of 90 ksi min and UTS 110 7225.99.0010, 7225.99.0090, 7226.11.1000, ASTM A–829, Grade E 4340 that are over 305 ksi or more, Elongation of 15% or more and 7226.11.9060, 7226.19.1000, 7226.19.9000, mm in actual thickness; Reduction of area 30% or more; having 7226.91.0500, 7226.91.1530, 7226.91.1560, (5) Alloy forged and rolled CTL plate charpy V at ¥40 degrees F in the 7226.91.2530, 7226.91.2560, 7226.91.7000, greater than or equal to 152.4 mm in actual longitudinal direction equal or greater than 7226.91.8000, and 7226.99.0180. thickness meeting each of the following 21 ft. lbs (single value) and equal or greater The HTSUS subheadings above are requirements: than 31 ft. lbs (average of 3 specimens); provided for convenience and customs (a) Electric furnace melted, ladle refined & (d) Conforming to ASTM A578–S9 purposes only. The written description of the vacuum degassed and having a chemical ultrasonic testing requirements with scope of the investigation is dispositive. composition (expressed in weight acceptance criteria 3.2 mm flat bottom hole; percentages): and Appendix II • Carbon 0.23–0.28, (e) Conforming to magnetic particle List of Topics Discussed in the Issues and • Silicon 0.05–0.20, inspection in accordance with AMS 2301; Decision Memorandum • Manganese 1.20–1.60, (7) Alloy forged and rolled steel CTL plate I. Summary • Nickel not greater than 1.0, over 407 mm in actual thickness and meeting II. Background • Sulfur not greater than 0.007, the following requirements: III. Use of Adverse Facts Available • Phosphorus not greater than 0.020, (a) Made from Electric Arc Furnace melted, IV. Critical Circumstances • Chromium 1.0–2.5, ladle refined & vacuum degassed, alloy steel V. Scope of the Investigation • Molybdenum 0.35–0.80, with the following chemical composition VI. Scope Comments • Boron 0.002–0.004, (expressed in weight percentages): VII. Margin Calculations • Oxygen not greater than 20 ppm, • Carbon 0.25–0.30, VIII. Discussion of Issues • Hydrogen not greater than 2 ppm, and • Silicon not greater than 0.25, Industeel • Nitrogen not greater than 60 ppm; • Manganese not greater than 0.50, 1. Differential Pricing Methodology (b) With a Brinell hardness measured in all • Nickel 3.0–3.5, 2. Industeel’s Misreported International parts of the product including mid thickness • Sulfur not greater than 0.010, Freight Expenses falling within one of the following ranges: • Phosphorus not greater than 0.020, • 3. Whether Certain of Industeel’s U.S. sales (i) 270–300 HBW, Chromium 1.0–1.5, were Made Outside the Course of (ii) 290–320 HBW, or • Molybdenum 0.6–0.9, • Ordinary Trade (iii) 320–350 HBW; Vanadium 0.08 to 0.12, 4. Date of Sale for Industeel’s U.S. Sales (c) Having cleanliness in accordance with • Boron 0.002–0.004, • and Application of Partial AFA ASTM E45 method A (Thin and Heavy): A Oxygen not greater than 20 ppm, 5. Industeel’s Correction Presented During not exceeding 1.5, B not exceeding 1.0, C not • Hydrogen not greater than 2 ppm, and • the Cost Verification exceeding 0.5, D not exceeding 1.5; and Nitrogen not greater than 60 ppm. 6. Affiliated Party Transactions (d) Conforming to ASTM A578–S9 (b) Having cleanliness in accordance with 7. Including Interest Expense in the Minor ultrasonic testing requirements with ASTM E45 method A (Thin and Heavy): A Input Calculation acceptance criteria 2 mm flat bottom hole; not exceeding 1.0(t) and 0.5(h), B not NLMK Belgium (6) Alloy forged and rolled steel CTL plate exceeding 1.5(t) and 1.0(h), C not exceeding 8. Date of Sale for NLMK Belgium’s U.S. over 407 mm in actual thickness and meeting 1.0(t) and 0.5(h), and D not exceeding 1.5(t) Direct Shipments the following requirements: and 1.0(h); 9. Product Characteristics and Control (a) Made from Electric Arc Furnace melted, (c) Having the following mechanical Numbers for NLMK Belgium Ladle refined & vacuum degassed, alloy steel properties: A Brinell hardness not less than 10. Sales by Manage with the following chemical composition 350 HBW measured in all parts of the 11. Total AFA for NLMK Belgium (expressed in weight percentages): product including mid thickness; and having 12. Other NLMK Belgium Adjustments • Carbon 0.23–0.28, a Yield Strength of 145ksi or more and UTS IX. Recommendation • Silicon 0.05–0.15, 160ksi or more, Elongation of 15% or more • Manganese 1.20–1.50, and Reduction of area 35% or more; having [FR Doc. 2017–06626 Filed 4–3–17; 8:45 am] • Nickel not greater than 0.4, charpy V at ¥40 degrees F in the transverse BILLING CODE 3510–DS–P • Sulfur not greater than 0.010, direction equal or greater than 20 ft. lbs • Phosphorus not greater than 0.020, (single value) and equal or greater than 25 ft. • Chromium 1.20–1.50, lbs (average of 3 specimens); DEPARTMENT OF DEFENSE • Molybdenum 0.35–0.55, (d) Conforming to ASTM A578–S9 • Boron 0.002–0.004, ultrasonic testing requirements with Office of the Secretary • Oxygen not greater than 20 ppm, acceptance criteria 3.2 mm flat bottom hole; • Hydrogen not greater than 2 ppm, and and Defense Business Board; Notice of • Nitrogen not greater than 60 ppm; (e) Conforming to magnetic particle Federal Advisory Committee Meeting (b) Having cleanliness in accordance with inspection in accordance with AMS 2301. ASTM E45 method A (Thin and Heavy): A The products subject to the investigation AGENCY: Deputy Chief Management not exceeding 1.5, B not exceeding 1.5, C not are currently classified in the Harmonized Officer, Department of Defense. exceeding 1.0, D not exceeding 1.5; Tariff Schedule of the United States (HTSUS) ACTION: Notice of Federal Advisory (c) Having the following mechanical under item numbers: 7208.40.3030, Committee meeting. properties: 7208.40.3060, 7208.51.0030, 7208.51.0045, (i) With a Brinell hardness not more than 7208.51.0060, 7208.52.0000, 7211.13.0000, SUMMARY: The Department of Defense 237 HBW measured in all parts of the 7211.14.0030, 7211.14.0045, 7225.40.1110, (DoD) is publishing this notice to product including mid thickness; and having 7225.40.1180, 7225.40.3005, 7225.40.3050, announce that the following Federal a Yield Strength of 75ksi min and UTS 95ksi 7226.20.0000, and 7226.91.5000. or more, Elongation of 18% or more and The products subject to the investigation Advisory Committee meeting of the Reduction of area 35% or more; having may also enter under the following HTSUS Defense Business Board will take place. charpy V at ¥75 degrees F in the item numbers: 7208.40.6060, 7208.53.0000, DATES: Open to the public Thursday, longitudinal direction equal or greater than 7208.90.0000, 7210.70.3000, 7210.90.9000, April 20, 2017 from 10:30 a.m. to 11:15 15 ft. lbs (single value) and equal or greater 7211.19.1500, 7211.19.2000, 7211.19.4500, a.m. 7211.19.6000, 7211.19.7590, 7211.90.0000, than 20 ft. lbs (average of 3 specimens) and ADDRESSES: The address for the open conforming to the requirements of NACE 7212.40.1000, 7212.40.5000, 7212.50.0000, MR01–75; or 7214.10.0000, 7214.30.0010, 7214.30.0080, meeting is Room 3E863 in the Pentagon, (ii) With a Brinell hardness not less than 7214.91.0015, 7214.91.0060, 7214.91.0090, Washington, DC. 240 HBW measured in all parts of the 7225.11.0000, 7225.19.0000, 7225.40.5110, FOR FURTHER INFORMATION CONTACT: product including mid thickness; and having 7225.40.5130, 7225.40.5160, 7225.40.7000, Roma Laster, (703) 695–7563 (Voice),

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(703) 614–4365 (Facsimile), identification of which one must be a Act System of Records is unknown; [email protected] (Email). pictured identification card. however, no actions involving private Mailing address is Defense Business Special Accommodations: Individuals relief legislation have been processed by Board, 1155 Defense Pentagon, Room requiring special accommodations to the DoD Office of General Counsel since 5B1088A, Washington, DC 20301–1155, access the public meeting should 2010. Web site: http://dbb.defense.gov/. The contact Mr. Cruddas at least five (5) ADDRESSES: You may submit comments, most up-to-date changes to the meeting business days prior to the meeting so identified by docket number and title, agenda can be found on the Web site. that appropriate arrangements can be by any of the following methods: SUPPLEMENTARY INFORMATION: This made. * Federal Rulemaking Portal: http:// meeting is being held under the Written Statements: Written www.regulations.gov. provisions of the Federal Advisory comments should be received by the Follow the instructions for submitting Committee Act (FACA) of 1972 (5 DFO at least five (5) business days prior comments. U.S.C., Appendix, as amended), the to the meeting date so that the * Mail: Department of Defense, Office Government in the Sunshine Act of comments may be made available to the of the Deputy Chief Management 1976 (5 U.S.C. 552b, as amended), and Board for their consideration prior to Officer, Directorate for Oversight and 41 CFR 102–3.140 and 102–3.150. For the meeting. Written comments should Compliance, 4800 Mark Center Drive, meeting information please contact Mr. be submitted via email to the email Mailbox #24, Suite 08D09B, Alexandria, Steven Cruddas, Defense Business address for public comments given in VA 22350–1700. Board, 1155 Defense Pentagon, Room the SUPPLEMENTARY INFORMATION section Instructions: All submissions received 5B1088A, Washington, DC 20301–1155, in either Adobe Acrobat or Microsoft must include the agency name and [email protected], (703) Word format. Please note that since the docket number for this Federal Register 697–2168. For submitting written Board operates under the provisions of document. The general policy for comments or questions to the Board, the Federal Advisory Committee Act, as comments and other submissions from send via email to mailbox address: amended, all submitted comments and members of the public is to make these osd.pentagon.odam.mbx.defense- public presentations will be treated as submissions available for public [email protected]. A copy of the public documents and will be made viewing on the Internet at http:// public agenda and the terms of reference available for public inspection, www.regulations.gov as they are for the Task Group study may be including, but not limited to, being received without change, including any obtained from the Board’s Web site at posted on the Board’s Web site. personal identifiers or contact information. http://dbb.defense.gov/meetings. Dated: March 30, 2017. Purpose of the Meeting: The mission Aaron Siegel, FOR FURTHER INFORMATION CONTACT: To submit general questions about the of the Board is to examine and advise Alternate OSD Federal Register Liaison the Secretary of Defense on overall DoD Officer, Department of Defense. rescinded system, please contact Mrs. management and governance. The Board Luz D. Ortiz, Chief, Records, Privacy [FR Doc. 2017–06638 Filed 4–3–17; 8:45 am] provides independent advice which and Declassification Division (RPDD), reflects an outside private sector BILLING CODE 5001–06–P 1155 Defense Pentagon, Washington, DC perspective on proven and effective best 20301–1155, or by phone at (571) 372– business practices that can be applied to DEPARTMENT OF DEFENSE 0478. DoD. The Board will hear an update SUPPLEMENTARY INFORMATION: Based on a from its Task Group on ‘‘Implications of Office of the Secretary recent review, it was determined that Technology on the Future Workforce.’’ the Department of Defense Office of [Docket ID DOD–2017–OS–0015] Agenda: General Counsel no longer maintains a 10:30 a.m.–10:35 a.m.—DFO Comments Privacy Act of 1974; System of Privacy Act system of records for private to Public Attendees. Records relief legislation. Legislative bills are 10:35 a.m.–11:05 a.m.—DBB Study tracked by bill number, rather than Update on ‘‘Implications of AGENCY: Office of the Secretary of personal identifier. Technology on the Future Defense, DoD. The Office of the Secretary systems of Workforce.’’ ACTION: Rescindment of a System of records notices subject to the Privacy 11:05 a.m.–11:15 a.m.—Public Records notice. Act of 1974 (5 U.S.C. 552a), as amended, Comments (if time permits). have been published in the Federal Meeting Accessibility: Pursuant to SUMMARY: The Office of the Secretary of Register and are available from the FACA and 41 CFR 102–3.140, this Defense is rescinding a system of address in FOR FURTHER INFORMATION meeting is open to the public. Seating is records, Private Relief Legislation File, CONTACT or at the Defense Privacy, Civil limited and is on a first-come basis. All DGC 02. These files were used by the Liberties and Transparency Division members of the public who wish to attorneys in the Office of the General Web site at http://dpcld.defense.gov/. attend the public meeting must contact Counsel, Office of the Secretary of The proposed changes to the record Mr. Steven Cruddas at the number listed Defense and personnel in the system being amended are set forth in in the SUPPLEMENTARY INFORMATION Department of Defense to produce this notice. The proposed amendment is section no later than 12:00 p.m. on working papers in development of a not within the purview of subsection (r) Friday, April 14, 2017 to register and department position. of the Privacy Act of 1974 (5 U.S.C. make arrangements for a Pentagon DATES: Comments will be accepted on or 552a), as amended, which requires the escort, if necessary. Public attendees before May 4, 2017. This proposed submission of a new or altered system requiring escort should arrive at the action will be effective the date report. Pentagon Metro Entrance with sufficient following the end of the comment DGC 02 time to complete security screening no period unless comments are received later than 10:00 a.m. on April 20. To which result in a contrary SYSTEM NAME AND NUMBER: complete security screening, please determination. The specific date for Private Relief Legislation File, DGC come prepared to present two forms of when this system ceased to be a Privacy 02.

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HISTORY: whether the information shall have outlet volume of natural gas liquids February 22, 1993, 58 FR 10227. practical utility; (b) the accuracy of the (NGL). Respondents only need to report Dated: March 30, 2017. agency’s estimate of the burden of the the total volume of NGLs as a single proposed collection of information, category and do not need to provide Aaron Siegel, including the validity of the separate estimates for each separate Alternate OSD Federal Register Liaison methodology and assumptions used; (c) NGL. The reporting unit of Officer, Department of Defense. ways to enhance the quality, utility, and measurement is in barrels per day (bpd). [FR Doc. 2017–06659 Filed 4–3–17; 8:45 am] clarity of the information to be The increase in the production of BILLING CODE 5001–06–P collected; and (d) ways to minimize the light crude oils and condensate in the burden of the collection of information crude oil production industry is the on respondents, including the use of main reason that EIA is proposing DEPARTMENT OF ENERGY automated collection techniques or changes to Form EIA–914 to include the other types of information technology. collection of state-level volumes of Energy Information Administration This information collection request crude oil and lease condensate going contains: (1) OMB No. 1905–0205. into stabilizer units. Stabilizers lower Agency Information Collection (2) Information Collection Request the Reed Vapor Pressure (RVP) of the Extension Title: Monthly Crude Oil and Lease crude oil and make it safe to transport AGENCY: U.S. Energy Information Condensate, and Natural Gas Production and store. EIA is also proposing minor Administration (EIA), Department of Report. changes to Parts 2, 3, and 4. Currently, Energy (DOE). (3) Type of Request: Extension, with a respondent is limited to selecting only ACTION: Agency information collection changes, of a currently approved one pre-existing comment in the activities: information collection collection. comments box drop down menu. EIA is (4) Purpose: Form EIA–914, ‘‘Monthly extension; notice and request for proposing to allow respondents to select Crude Oil and Lease Condensate, and comments. multiple frequently-used default Natural Gas Production Report,’’ comments, as well as the option to SUMMARY: The EIA, pursuant to the collects monthly data on natural gas record specific comments in the text Paperwork Reduction Act of 1995, production, crude oil and lease box. This facilitates a respondent’s intends to recertify the information condensate production, and crude oil ability to provide a more complete and collection request for Form EIA–914 and lease condensate sales by API accurate explanation for the data ‘‘Monthly Crude Oil, Lease Condensate, gravity category in 21 state/areas reported on the form. and Natural Gas Production Report’’ (Alabama, Arkansas, California For Parts 2, 3, 4, and 5, EIA also with the Office of Management and (including State Offshore), Colorado, proposes to increase the number of Budget (OMB). EIA is requesting a three Federal Offshore Gulf of Mexico, states/areas for which production will year extension to this form with changes Federal Offshore Pacific, Kansas, be separately collected and reported and to solicit comments from the public. Louisiana (including State Offshore), from 17 to 22 states/areas. EIA proposes Michigan, Mississippi (including State DATES: Comments regarding this to add the following states/areas: proposed information collection must Offshore), Montana, New Mexico, North Alabama, federal offshore Pacific, be received on or before June 5, 2017. Dakota, Ohio, Oklahoma, Pennsylvania, Michigan, Mississippi, and Virginia will If you anticipate difficulty in submitting Texas (including State Offshore), Utah, be reported separately and no longer comments within that period, contact Virginia, West Virginia, Wyoming, and included in the ‘‘Other States’’ group. the person listed in ADDRESSES as Other States (defined as all remaining Separately reporting for these five soon as possible. states, except Alaska)). The data appears states/areas reduces the number of states in the ‘‘Monthly Crude Oil and Lease that are included in the ‘‘Other States’’ ADDRESSES: Send comments to Jessica Condensate, and Natural Gas Production reporting category from 19 (including Biercevicz. The mailing address is U.S. Report,’’ on EIA’s Web site and in the federal Pacific) to 14. Removing these Department of Energy, U.S. Energy EIA publications, Monthly Energy five states/areas from the ‘‘Other States’’ Information Administration, Attn: Review, Petroleum Supply Annual category reduces the ‘‘Other States’’ Jessica Biercevicz, EI–24, Forrestal volume 1, Petroleum Supply Annual category’s oil production by Building, 1000 Independence Avenue volume 2, Petroleum Supply Monthly, approximately 75% and gas production SW., Washington, DC 20585. To ensure Natural Gas Annual, and Natural Gas by 80%. EIA believes these proposed receipt of the comments by the due date, Monthly. changes will reduce reporting burden submission by email (4a) The proposed changes include for respondents, reduce reporting errors ([email protected]) is changing the title from ‘‘Monthly Crude in the ‘‘Other States’’ category, and recommended. Alternatively, Jessica Oil, Lease Condensate, and Natural Gas make it easier for respondents to answer Biercevicz may be contacted by Production Report,’’ to ‘‘Monthly Crude any follow up questions for ‘‘Other telephone at 202–586–4299. Oil and Lease Condensate, and Natural States.’’ Production for these 5 states/ FOR FURTHER INFORMATION CONTACT: Gas Production Report.’’ areas will be estimated more accurately Requests for additional information or EIA is proposing to add Part 5 to Form using the weighted least squares method copies of the information collection EIA–914 regarding stabilizer activity. rather than using the calendar year instrument and instructions should be Part 5 will collect state-level volumes of average ratio applied to the ‘‘Other directed to Jessica Biercevicz at the crude oil and lease condensate going States’’ group. The 14 states remaining contact information given above. Form into stabilizer units. A stabilizer in the ‘‘Other States’’ group account for EIA–914 and its instructions are also processes lighter gravity crude oil and approximately 1% or less of the Lower available on the internet. condensate and removes the gaseous 48 oil and gas production. EIA is SUPPLEMENTARY INFORMATION: Comments portion from the crude oil. The proposing these changes to Form EIA– are invited on: (a) Whether the proposed requested data will be reported as three 914 to increase the precision of its collection of information is necessary new data elements: volume of oil and collection of information on crude oil for the proper performance of the condensate as inputs to a stabilizer; and natural gas production activities in functions of the agency, including outlet volume of stabilized oil; and the United States.

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The burden hours per response will (6) Annual Estimated Number of assumptions of liability, is April 18, increase from 4.0 hours to 4.5 hours due Total Responses: The annual number of 2017. to the addition of Part 5 regarding the total responses is 6,000. The Commission encourages reporting of information on stabilizer (7) Annual Estimated Number of electronic submission of protests and activity. The proposal to add five states Burden Hours: The annual estimated interventions in lieu of paper, using the in Parts 2, 3, 4, and 5 will not affect total burden is 27,000 hours. FERC Online links at http:// burden because it only involves adding (8) Annual Estimated Reporting and www.ferc.gov. To facilitate electronic approximately nine more respondents to Recordkeeping Cost Burden: Additional service, persons with Internet access the sampling frame and the total costs to respondents are not anticipated who will eFile a document and/or be budgeted sample is being reduced from beyond costs associated with response listed as a contact for an intervenor 600 to 500 respondents. burden hours. The information is must create and validate an EIA proposes a permanent change in maintained in the normal course of eRegistration account using the the confidentiality pledge to business. The cost of the burden hours eRegistration link. Select the eFiling respondents to Form EIA–914. EIA is estimated to be $1,988,820 (27,000 link to log on and submit the revised its confidentiality pledge to burden hours times $73.66 per hour). intervention or protests. EIA–914 survey respondents under the Other than the cost of burden hours, EIA Persons unable to file electronically Confidential Information Protection and estimates that there are no additional should submit an original and 5 copies Statistical Efficiency Act (44 U.S.C. costs for generating, maintaining and of the intervention or protest to the 3501 (note)) (CIPSEA) in an emergency providing the information. Federal Energy Regulatory Commission, Federal Register notice released on Statutory Authority: Section 13(b) of the 888 First Street NE., Washington, DC January 12, 2017 in 82 FR 3764. These Federal Energy Administration Act of 1974, 20426. revisions are required by provisions of Pub. L. 93–275, codified at 15 U.S.C. 772(b). The filings in the above-referenced the Federal Cybersecurity Enhancement Issued in Washington, DC, on February 27, proceeding are accessible in the Act of 2015 (Pub. L. 114–11, Division N, 2017. Commission’s eLibrary system by Title II, Subtitle B, Sec. 223). This law Nanda Srinivasan, clicking on the appropriate link in the above list. They are also available for permits and requires the Secretary of the Director, Office of Survey Development and Department of Homeland Security Statistical Integration, U. S. Energy electronic review in the Commission’s (DHS) to provide Federal civilian Information Administration. Public Reference Room in Washington, DC. There is an eSubscription link on agencies’ information technology [FR Doc. 2017–06501 Filed 4–3–17; 8:45 am] the Web site that enables subscribers to systems with cybersecurity protection BILLING CODE 6450–01–P for their Internet traffic. Federal receive email notification when a statistics provide key information that document is added to a subscribed the Nation uses to measure its DEPARTMENT OF ENERGY docket(s). For assistance with any FERC performance and make informed Online service, please email choices about budgets, energy, Federal Energy Regulatory [email protected]. or call employment, health, investments, taxes, Commission (866) 208–3676 (toll free). For TTY, call and a host of other significant topics. (202) 502–8659. [Docket No. ER17–1315–000] Strong and trusted confidentiality and Dated: March 29, 2017. exclusive statistical use pledges under Meadow Lake Wind Farm V LLC; Kimberly D. Bose, the Confidential Information Protection Supplemental Notice That Initial Secretary. and Statistical Efficiency Act (CIPSEA) Market-Based Rate Filing Includes [FR Doc. 2017–06607 Filed 4–3–17; 8:45 am] and similar statistical confidentiality Request for Blanket Section 204 BILLING CODE 6717–01–P pledges are effective and necessary in Authorization honoring the trust that businesses, individuals, and institutions place in This is a supplemental notice in the DEPARTMENT OF ENERGY statistical agencies. In this notice EIA above-referenced proceeding of Meadow proposes to permanently revise the Lake Wind Farm V LLC’s application for Federal Energy Regulatory confidentiality pledge to EIA–914 market-based rate authority, with an Commission respondents as follows: accompanying rate tariff, noting that such application includes a request for [Docket No. ER17–1318–000] The information you provide on Form EIA–914 will be used for statistical purposes blanket authorization, under 18 CFR Redbed Plains Wind Farm LLC; only and is confidential by law. In part 34, of future issuances of securities Supplemental Notice That Initial accordance with the Confidential Information and assumptions of liability. Market-Based Rate Filing Includes Protection and Statistical Efficiency Act of Any person desiring to intervene or to Request for Blanket Section 204 2002 and other applicable Federal laws, your protest should file with the Federal Authorization responses will not be disclosed in Energy Regulatory Commission, 888 identifiable form without your consent. Per First Street NE., Washington, DC 20426, This is a supplemental notice in the the Federal Cybersecurity Enhancement Act in accordance with Rules 211 and 214 above-referenced proceeding of Redbed of 2015, Federal information systems are of the Commission’s Rules of Practice Plains Wind Farm LLC’s application for protected from malicious activities through and Procedure (18 CFR 385.211 and market-based rate authority, with an cybersecurity screening of transmitted data. 385.214). Anyone filing a motion to accompanying rate tariff, noting that Every EIA employee, as well as every agent, intervene or protest must serve a copy such application includes a request for is subject to a jail term, a fine, or both if he or she makes public ANY identifiable of that document on the Applicant. blanket authorization, under 18 CFR information you reported. Notice is hereby given that the part 34, of future issuances of securities deadline for filing protests with regard and assumptions of liability. (5) Annual Estimated Number of to the applicant’s request for blanket Any person desiring to intervene or to Respondents: 500 respondents with 12 authorization, under 18 CFR part 34, of protest should file with the Federal responses each. future issuances of securities and Energy Regulatory Commission, 888

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First Street NE., Washington, DC 20426, Solar, LLC’s application for market- DEPARTMENT OF ENERGY in accordance with Rules 211 and 214 based rate authority, with an of the Commission’s Rules of Practice accompanying rate tariff, noting that Federal Energy Regulatory and Procedure (18 CFR 385.211 and such application includes a request for Commission 385.214). Anyone filing a motion to blanket authorization, under 18 CFR [Docket No. ER17–1314–000] intervene or protest must serve a copy part 34, of future issuances of securities of that document on the Applicant. and assumptions of liability. Arkwright Summit Wind Farm LLC; Notice is hereby given that the Supplemental Notice That Initial Any person desiring to intervene or to deadline for filing protests with regard Market-Based Rate Filing Includes protest should file with the Federal to the applicant’s request for blanket Request for Blanket Section 204 Energy Regulatory Commission, 888 authorization, under 18 CFR part 34, of Authorization future issuances of securities and First Street NE., Washington, DC 20426, assumptions of liability, is April 18, in accordance with Rules 211 and 214 This is a supplemental notice in the 2017. of the Commission’s Rules of Practice above-referenced proceeding of The Commission encourages and Procedure (18 CFR 385.211 and Arkwright Summit Wind Farm LLC’s electronic submission of protests and 385.214). Anyone filing a motion to application for market-based rate interventions in lieu of paper, using the intervene or protest must serve a copy authority, with an accompanying rate FERC Online links at http:// of that document on the Applicant. tariff, noting that such application includes a request for blanket www.ferc.gov. To facilitate electronic Notice is hereby given that the authorization, under 18 CFR part 34, of service, persons with Internet access deadline for filing protests with regard who will eFile a document and/or be future issuances of securities and to the applicant’s request for blanket listed as a contact for an intervenor assumptions of liability. authorization, under 18 CFR part 34, of must create and validate an Any person desiring to intervene or to eRegistration account using the future issuances of securities and protest should file with the Federal eRegistration link. Select the eFiling assumptions of liability, is April 18, Energy Regulatory Commission, 888 link to log on and submit the 2017. First Street NE., Washington, DC 20426, intervention or protests. The Commission encourages in accordance with Rules 211 and 214 Persons unable to file electronically electronic submission of protests and of the Commission’s Rules of Practice should submit an original and 5 copies interventions in lieu of paper, using the and Procedure (18 CFR 385.211 and of the intervention or protest to the FERC Online links at http:// 385.214). Anyone filing a motion to Federal Energy Regulatory Commission, www.ferc.gov. To facilitate electronic intervene or protest must serve a copy 888 First Street NE., Washington, DC service, persons with Internet access of that document on the Applicant. 20426. who will eFile a document and/or be Notice is hereby given that the The filings in the above-referenced listed as a contact for an intervenor deadline for filing protests with regard proceeding are accessible in the must create and validate an to the applicant’s request for blanket Commission’s eLibrary system by eRegistration account using the authorization, under 18 CFR part 34, of clicking on the appropriate link in the eRegistration link. Select the eFiling future issuances of securities and above list. They are also available for assumptions of liability, is April 18, link to log on and submit the electronic review in the Commission’s 2017. Public Reference Room in Washington, intervention or protests. The Commission encourages DC. There is an eSubscription link on Persons unable to file electronically electronic submission of protests and the Web site that enables subscribers to should submit an original and 5 copies interventions in lieu of paper, using the receive email notification when a of the intervention or protest to the FERC Online links at http:// document is added to a subscribed Federal Energy Regulatory Commission, www.ferc.gov. To facilitate electronic docket(s). For assistance with any FERC 888 First Street NE., Washington, DC service, persons with Internet access Online service, please email 20426. who will eFile a document and/or be [email protected]. or call The filings in the above-referenced listed as a contact for an intervenor (866) 208–3676 (toll free). For TTY, call proceeding are accessible in the must create and validate an (202) 502–8659. Commission’s eLibrary system by eRegistration account using the eRegistration link. Select the eFiling Dated: March 29, 2017. clicking on the appropriate link in the link to log on and submit the Kimberly D. Bose, above list. They are also available for Secretary. intervention or protests. electronic review in the Commission’s Persons unable to file electronically [FR Doc. 2017–06609 Filed 4–3–17; 8:45 am] Public Reference Room in Washington, should submit an original and 5 copies BILLING CODE 6717–01–P DC. There is an eSubscription link on of the intervention or protest to the the Web site that enables subscribers to Federal Energy Regulatory Commission, receive email notification when a DEPARTMENT OF ENERGY 888 First Street NE., Washington, DC document is added to a subscribed 20426. Federal Energy Regulatory docket(s). For assistance with any FERC The filings in the above-referenced Commission Online service, please email proceeding are accessible in the [email protected]. or call Commission’s eLibrary system by [Docket No. ER17–1320–000] (866) 208–3676 (toll free). For TTY, call clicking on the appropriate link in the (202) 502–8659. Odyssey Solar, LLC; Supplemental above list. They are also available for Notice That Initial Market-Based Rate Dated: March 29, 2017. electronic review in the Commission’s Public Reference Room in Washington, Filing Includes Request for Blanket Kimberly D. Bose, Section 204 Authorization DC. There is an eSubscription link on Secretary. the Web site that enables subscribers to This is a supplemental notice in the [FR Doc. 2017–06610 Filed 4–3–17; 8:45 am] receive email notification when a above-referenced proceeding of Odyssey BILLING CODE 6717–01–P document is added to a subscribed

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docket(s). For assistance with any FERC Docket Numbers: RP16–1173–002. clicking on the links or querying the Online service, please email Applicants: First ECA Midstream docket number. [email protected]. or call LLC. Any person desiring to intervene or (866) 208–3676 (toll free). For TTY, call Description: First ECA Midstream LLC protest in any of the above proceedings (202) 502–8659. submits tariff filing per 154.203: must file in accordance with Rules 211 Dated: March 29, 2017. Compliance to 104 to be effective 3/23/ and 214 of the Commission’s 2017. Kimberly D. Bose, Regulations (18 CFR 385.211 and Filed Date: 03/24/2017. 385.214) on or before 5:00 p.m. Eastern Secretary. Accession Number: 20170324–5303. time on the specified comment date. [FR Doc. 2017–06606 Filed 4–3–17; 8:45 am] Comment Date: 5:00 p.m. Eastern Protests may be considered, but BILLING CODE 6717–01–P Time on Wednesday, April 05, 2017. intervention is necessary to become a Docket Numbers: RP17–550–000. party to the proceeding. Applicants: Enable Gas Transmission, eFiling is encouraged. More detailed DEPARTMENT OF ENERGY LLC. information relating to filing Description: Annual Revenue requirements, interventions, protests, Federal Energy Regulatory Crediting Filing of Enable Gas Commission service, and qualifying facilities filings Transmission, LLC. can be found at: http://www.ferc.gov/ Combined Notice of Filings Filed Date: 03/24/2017. docs-filing/efiling/filing-req.pdf. For Accession Number: 20170324–5169. other information, call (866) 208–3676 Comment Date: 5:00 p.m. Eastern Take notice that the Commission has (toll free). For TTY, call (202) 502–8659. received the following Natural Gas Time on Wednesday, April 05, 2017. Pipeline Rate and Refund Report filings: Docket Numbers: RP17–551–000. Dated: March 27, 2017. Applicants: Rockies Express Pipeline Kimberly D. Bose, Filings Instituting Proceedings LLC. Secretary. Docket Number: PR17–36–000. Description: Rockies Express Pipeline [FR Doc. 2017–06611 Filed 4–3–17; 8:45 am] Applicants: Columbia Gas of Ohio, LLC submits tariff filing per 154.204: BILLING CODE 6717–01–P Inc. Neg Rate 2017–03–23 Encana to be Description: Tariff filing per effective 3/23/2017. 284.123(b),(e)/: COH SOC effective 3–1– Filed Date: 03/24/2017. DEPARTMENT OF ENERGY 2017; Filing Type: 980. Accession Number: 20170324–5294. Filed Date: 3/17/17. Comment Date: 5:00 p.m. Eastern Federal Energy Regulatory Accession Number: 20170317–5036. Time on Wednesday, April 05, 2017. Commission Comments/Protests Due: 5 p.m. ET 4/ Docket Numbers: RP17–552–000. [Docket No. ER17–1324–000] 7/17. Applicants: Tallgrass Interstate Gas Docket Numbers: RP17–547–000. Transmission, L. Playa Solar 2, LLC; Supplemental Applicants: Transcontinental Gas Description: Tallgrass Interstate Gas Notice That Initial Market-Based Rate Pipe Line Company. Transmission, LLC submits tariff filing Filing Includes Request for Blanket Description: Transcontinental Gas per 154.204: Update Fuel for 6th Section 204 Authorization Pipe Line Company, LLC submits tariff Revised Tariff to be effective 4/1/2017. filing per 154.204: Negotiated Rates— Filed Date: 03/24/2017. This is a supplemental notice in the Sundance—Duke Energy Progress to be Accession Number: 20170324–5315. above-referenced proceeding of Playa effective 5/1/2017. Comment Date: 5:00 p.m. Eastern Solar 2, LLC‘s application for market- Filed Date: 03/22/2017. Time on Wednesday, April 05, 2017. based rate authority, with an Accession Number: 20170322–5049. Docket Numbers: RP17–553–000. accompanying rate tariff, noting that Comment Date: 5:00 p.m. Eastern Applicants: Transcontinental Gas such application includes a request for Time on Monday, April 03, 2017. Pipe Line Company. blanket authorization, under 18 CFR Docket Numbers: RP17–548–000. Description: Transcontinental Gas part 34, of future issuances of securities Applicants: El Paso Natural Gas Pipe Line Company, LLC submits tariff and assumptions of liability. Company, L.L.C. filing per 154.204: GT&C Section 46— Any person desiring to intervene or to Description: El Paso Natural Gas Failure of Electronic Equipment to be protest should file with the Federal Company, L.L.C. submits tariff filing per effective 4/23/2017. Energy Regulatory Commission, 888 154.601: Negotiated Rate Agreement Filed Date: 03/24/2017. First Street NE., Washington, DC 20426, Update (Pioneer Apr–Jun 2017) to be Accession Number: 20170324–5319. in accordance with Rules 211 and 214 effective 4/1/2017. Comment Date: 5:00 p.m. Eastern of the Commission’s Rules of Practice Filed Date: 03/22/2017. Time on Wednesday, April 05, 2017. and Procedure (18 CFR 385.211 and Accession Number: 20170322–5053. Docket Numbers: RP17–554–000. 385.214). Anyone filing a motion to Comment Date: 5:00 p.m. Eastern Applicants: KO Transmission intervene or protest must serve a copy Time on Monday, April 03, 2017. Company. of that document on the Applicant. Docket Numbers: RP17–549–000. Description: KO Transmission Notice is hereby given that the Applicants: Trailblazer Pipeline Company submits tariff filing per deadline for filing protests with regard Company LLC. 154.204: Motion to Place Interim Rates to the applicant’s request for blanket Description: Trailblazer Pipeline into Effect April 1 to be effective 4/1/ authorization, under 18 CFR part 34, of Company LLC submits tariff filing per 2017. future issuances of securities and 154.204: Fuel Tracker—2017 to be Filed Date: 03/24/2017. assumptions of liability, is April 18, effective 5/1/2017. Accession Number: 20170324–5320. 2017. Filed Date: 03/22/2017. Comment Date: 5:00 p.m. Eastern The Commission encourages Accession Number: 20170322–5203. Time on Wednesday, April 05, 2017. electronic submission of protests and Comment Date: 5:00 p.m. Eastern The filings are accessible in the interventions in lieu of paper, using the Time on Monday, April 03, 2017. Commission’s eLibrary system by FERC Online links at http://

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www.ferc.gov. To facilitate electronic intervene or protest must serve a copy seeking approval of the overall rate service, persons with Internet access of that document on the Applicant. structure and terms of service for 23- who will eFile a document and/or be Notice is hereby given that the mile crude oil pipeline consisting of a listed as a contact for an intervenor deadline for filing protests with regard combination of new and existing must create and validate an to the applicant’s request for blanket facilities that will connect origins in the eRegistration account using the authorization, under 18 CFR part 34, of deepwater Gulf of Mexico to markets in eRegistration link. Select the eFiling future issuances of securities and Webster and Texas City, TX, as more link to log on and submit the assumptions of liability, is April 18, fully explained in the petition. intervention or protests. 2017. Any person desiring to intervene or to Persons unable to file electronically The Commission encourages protest this filing must file in should submit an original and 5 copies electronic submission of protests and accordance with Rules 211 and 214 of of the intervention or protest to the interventions in lieu of paper, using the the Commission’s Rules of Practice and Federal Energy Regulatory Commission, FERC Online links at http:// Procedure (18 CFR 385.211, 385.214). 888 First Street NE., Washington, DC www.ferc.gov. To facilitate electronic Protests will be considered by the 20426. service, persons with Internet access Commission in determining the The filings in the above-referenced who will eFile a document and/or be appropriate action to be taken, but will proceeding are accessible in the listed as a contact for an intervenor not serve to make protestants parties to Commission’s eLibrary system by must create and validate an the proceeding. Any person wishing to clicking on the appropriate link in the eRegistration account using the become a party must file a notice of above list. They are also available for eRegistration link. Select the eFiling intervention or motion to intervene, as electronic review in the Commission’s link to log on and submit the appropriate. Such notices, motions, or Public Reference Room in Washington, intervention or protests. protests must be filed on or before the DC. There is an eSubscription link on Persons unable to file electronically comment date. Anyone filing a motion the Web site that enables subscribers to should submit an original and 5 copies to intervene or protest must serve a copy receive email notification when a of the intervention or protest to the of that document on the Petitioner. document is added to a subscribed Federal Energy Regulatory Commission, The Commission encourages docket(s). For assistance with any FERC 888 First Street NE., Washington, DC electronic submission of protests and Online service, please email FERC 20426. interventions in lieu of paper using the [email protected]. or call (866) The filings in the above-referenced ‘‘eFiling’’ link at http://www.ferc.gov. 208–3676 (toll free). For TTY, call (202) proceeding are accessible in the Persons unable to file electronically 502–8659. Commission’s eLibrary system by should submit an original and 5 copies clicking on the appropriate link in the Dated: March 29, 2017. of the protest or intervention to the above list. They are also available for Federal Energy Regulatory Commission, Kimberly D. Bose, electronic review in the Commission’s Secretary. 888 First Street NE., Washington, DC Public Reference Room in Washington, 20426. [FR Doc. 2017–06613 Filed 4–3–17; 8:45 am] DC. There is an eSubscription link on This filing is accessible online at BILLING CODE 6717–01–P the Web site that enables subscribers to http://www.ferc.gov, using the receive email notification when a ‘‘eLibrary’’ link and is available for document is added to a subscribed DEPARTMENT OF ENERGY review in the Commission’s Public docket(s). For assistance with any FERC Reference Room in Washington, DC. Federal Energy Regulatory Online service, please email There is an ‘‘eSubscription’’ link on the Commission [email protected]. or call Web site that enables subscribers to (866) 208–3676 (toll free). For TTY, call receive email notification when a (202) 502–8659. [Docket No. ER17–1316–000] document is added to a subscribed Dated: March 29, 2017. docket(s). For assistance with any FERC Quilt Block Wind Farm LLC; Kimberly D. Bose, Online service, please email Supplemental Notice That Initial Secretary. [email protected], or call Market-Based Rate Filing Includes [FR Doc. 2017–06608 Filed 4–3–17; 8:45 am] (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Request for Blanket Section 204 BILLING CODE 6717–01–P Authorization Comment Date: 5:00 p.m. Eastern time on April 18, 2017. This is a supplemental notice in the DEPARTMENT OF ENERGY above-referenced proceeding of Quilt Dated: March 29, 2017. Kimberly D. Bose, Block Wind Farm LLC’s application for Federal Energy Regulatory market-based rate authority, with an Commission Secretary. accompanying rate tariff, noting that [FR Doc. 2017–06615 Filed 4–3–17; 8:45 am] [Docket No. OR17–10–000] such application includes a request for BILLING CODE 6717–01–P blanket authorization, under 18 CFR GEL Texas Pipeline, LLC; Notice of part 34, of future issuances of securities Petition for Declaratory Order and assumptions of liability. DEPARTMENT OF ENERGY Any person desiring to intervene or to Take notice that on March 28, 2017, Federal Energy Regulatory protest should file with the Federal pursuant to Rule 207(a)(2) of the Federal Commission Energy Regulatory Commission, 888 Energy Regulatory Commission’s First Street, NE., Washington, DC 20426, (Commission) Rules of Practice and Combined Notice of Filings in accordance with Rules 211 and 214 Procedure, 18 CFR 385.207(a)(2) (2016), of the Commission’s Rules of Practice GEL Texas Pipeline, LLC, a subsidiary Take notice that the Commission has and Procedure (18 CFR 385.211 and of Genesis Energy, L.P. (Petitioner), filed received the following Natural Gas 385.214). Anyone filing a motion to a petition for declaratory order (petition) Pipeline Rate and Refund Report filings:

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Filings Instituting Proceedings Accession Number: 20170328–5230. Description: Tariff Amendment: Docket Numbers: RP17–470–001. Comment Date: 5:00 p.m. Eastern Amended Filing in ER17–253–Omaha Applicants: KO Transmission Time on Monday, April 10, 2017. Public Power District Formula Rate Company. The filings are accessible in the Revisions to be effective 1/1/2017. Description: KO Transmission Commission’s eLibrary system by Filed Date: 3/28/17. Company submits tariff filing per clicking on the links or querying the Accession Number: 20170328–5295. 154.205(b): Amended 2017 docket number. Comments Due: 5 p.m. ET 4/18/17. Transportation Retainage Adjustment to Any person desiring to intervene or Docket Numbers: ER17–772–002. be effective 4/1/2017. protest in any of the above proceedings Applicants: Southwest Power Pool, Filed Date: 03/01/2017. must file in accordance with Rules 211 Inc. Accession Number: 20170301–5289. and 214 of the Commission’s Description: Compliance filing: Comment Date: 5:00 p.m. Eastern Regulations (18 CFR 385.211 and Deficiency Response in ER17–772– Time on Thursday, March 30, 2017. § 385.214) on or before 5:00 p.m. Eastern Order No. 825 Compliance Filing to be Docket Numbers: RP17–560–000. time on the specified comment date. effective N/A. Applicants: Iroquois Gas Protests may be considered, but Filed Date: 3/29/17. Transmission System, L.P. intervention is necessary to become a Accession Number: 20170329–5131. Description: Iroquois Gas party to the proceeding. Comments Due: 5 p.m. ET 4/19/17. Transmission System, L.P. submits tariff eFiling is encouraged. More detailed Docket Numbers: ER17–927–001. filing per 154.204: 03/28/17 Negotiated information relating to filing Applicants: Wisconsin Public Service Rates—ENI Trading & Shipping (RTS) requirements, interventions, protests, Corporation. 7825–02 to be effective 4/1/2017. service, and qualifying facilities filings Description: Tariff Amendment: Filed Date: 03/28/2017. can be found at: http://www.ferc.gov/ Amendment to Assignment—Ancillary Accession Number: 20170328–5071. docs-filing/efiling/filing-req.pdf. For Services & Wholesale Distribution Comment Date: 5:00 p.m. Eastern other information, call (866) 208–3676 Agmt. to be effective 2/4/2017. Time on Monday, April 10, 2017. (toll free). For TTY, call (202) 502–8659. Filed Date: 3/28/17. Docket Numbers: RP17–561–000. Dated: March 29, 2017. Accession Number: 20170328–5264. Applicants: Kern River Gas Kimberly D. Bose, Comments Due: 5 p.m. ET 4/18/17. Transmission Company. Secretary. Docket Numbers: ER17–1325–000. Description: Kern River Gas [FR Doc. 2017–06612 Filed 4–3–17; 8:45 am] Applicants: PPL Electric Utilities Transmission Company submits tariff BILLING CODE 6717–01–P Corporation, PJM Interconnection, filing per 154.204: 2017 Period Two L.L.C. Election Deadline to be effective 4/27/ Description: § 205(d) Rate Filing: PPL 2017. DEPARTMENT OF ENERGY Electric Utilities Corporation submits Filed Date: 03/28/2017. revised IA SA No. 941 to be effective 3/ Accession Number: 20170328–5153. Federal Energy Regulatory 29/2017. Comment Date: 5:00 p.m. Eastern Commission Filed Date: 3/28/17. Time on Monday, April 10, 2017. Accession Number: 20170328–5273. Combined Notice of Filings #1 Docket Numbers: RP17–562–000. Comments Due: 5 p.m. ET 4/18/17. Applicants: Trailblazer Pipeline Take notice that the Commission Docket Numbers: ER17–1326–000. Company LLC. received the following electric rate Applicants: Orange and Rockland Description: Annual Incidental filings: Utilities, Inc. Purchases and Sales Report of Docket Numbers: ER10–2181–033. Description: § 205(d) Rate Filing: Trailblazer Pipeline Company LLC. Applicants: Nine Mile Point Nuclear Attachment J—Municipal Underground Filed Date: 03/28/2017. Station, LLC. Surcharge Revision to be effective 4/1/ Accession Number: 20170328–5162. Description: Notice of Change in 2017. Comment Date: 5:00 p.m. Eastern Status of Nine Mile Point Nuclear Filed Date: 3/29/17. Time on Monday, April 10, 2017. Station, LLC. Accession Number: 20170329–5000. Docket Numbers: RP17–563–000. Filed Date: 3/29/17. Comments Due: 5 p.m. ET 4/19/17. Applicants: Rockies Express Pipeline Accession Number: 20170329–5155. Docket Numbers: ER17–1327–000. LLC. Comments Due: 5 p.m. ET 4/19/17. Applicants: Southwest Power Pool, Description: Annual Incidental Docket Numbers: ER11–3861–013; Inc. Purchases and Sales Report of Rockies ER10–3079–012; ER10–3078–003; Description: § 205(d) Rate Filing: Express Pipeline LLC. ER11–2539–005; ER11–2540–005; 607R30 Westar Energy, Inc. NITSA and Filed Date: 03/28/2017. ER11–2542–005. NOA to be effective 3/1/2017. Accession Number: 20170328–5163. Applicants: Empire Generating Co, Filed Date: 3/29/17. Comment Date: 5:00 p.m. Eastern LLC, Tyr Energy, LLC, Plains End II, Accession Number: 20170329–5132. Time on Monday, April 10, 2017. LLC, Rathdrum Power, LLC, Comments Due: 5 p.m. ET 4/19/17. Docket Numbers: RP17–564–000. Commonwealth Chesapeake Company, Docket Numbers: ER17–1328–000. Applicants: Transcontinental Gas LLC, Plains End LLC. Applicants: Southern California Pipe Line Company. Description: Notice of change in status Edison Company. Description: Transcontinental Gas of Empire Generating Co, LLC, et. al. Description: § 205(d) Rate Filing: SCE Pipe Line Company, LLC submits tariff Filed Date: 3/28/17. Amendments to WDAT to be effective 5/ filing per 154.204: Negotiated Rates— Accession Number: 20170328–5309. 29/2017. Cherokee AGL—Replacement Comments Due: 5 p.m. ET 4/18/17. Filed Date: 3/29/17. Shippers—Apr 2017 to be effective 4/1/ Docket Numbers: ER17–253–002. Accession Number: 20170329–5133. 2017. Applicants: Southwest Power Pool, Comments Due: 5 p.m. ET 4/19/17. Filed Date: 03/28/2017. Inc. Docket Numbers: ER17–1329–000.

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Applicants: J.P. Morgan Ventures intervention is necessary to become a no registration fee. Anyone with Energy Corporation. party to the proceeding. Internet access who wants to listen to Description: § 205(d) Rate Filing: eFiling is encouraged. More detailed the meeting can do so by navigating to Change in Seller Category to be effective information relating to filing www.ferc.gov’s Calendar of Events, 3/30/2017. requirements, interventions, protests, locating the EQR Users Group Meeting Filed Date: 3/29/17. service, and qualifying facilities filings on the Calendar, and clicking on the Accession Number: 20170329–5136. can be found at: http://www.ferc.gov/ link to the webcast. The webcast will Comments Due: 5 p.m. ET 4/19/17. docs-filing/efiling/filing-req.pdf. For allow persons to listen to the technical Docket Numbers: ER17–1330–000. other information, call (866) 208–3676 conference and they can email questions Applicants: Southern California (toll free). For TTY, call (202) 502–8659. during the meeting to EQRUsersGroup@ Edison Company. Dated: March 29, 2017. ferc.gov. Description: § 205(d) Rate Filing: DSA Kimberly D. Bose, Those who would like to participate Caliente #2 Project SA No. 957 to be Secretary. in the discussion by telephone during effective 3/30/2017. [FR Doc. 2017–06602 Filed 4–3–17; 8:45 am] the meeting should send a request for a Filed Date: 3/29/17. BILLING CODE 6717–01–P telephone line to EQRUsersGroup@ Accession Number: 20170329–5137. ferc.gov by 5:00 p.m. (EST) on May 9, Comments Due: 5 p.m. ET 4/19/17. 2017 with the subject line: EQR Users Docket Numbers: ER17–1331–000. DEPARTMENT OF ENERGY Group Meeting Teleconference Request. Applicants: Utility Contract Funding, L.L.C. Federal Energy Regulatory Commission conferences are Description: § 205(d) Rate Filing: Commission accessible under section 508 of the Change in Seller Category to be effective Rehabilitation Act of 1973. For Notice of Electric Quarterly Report 3/30/2017. accessibility accommodations, please Users Group Meeting Filed Date: 3/29/17. send an email to [email protected] or call toll free 1–866–208–3372 (voice) Accession Number: 20170329–5138. Docket Nos. Comments Due: 5 p.m. ET 4/19/17. or 202–502–8659 (TTY), or send a FAX Docket Numbers: ER17–1332–000. Filing Requirements for to 202–208–2106 with the required Applicants: Midcontinent Electric Utility Service accommodations. Independent System Operator, Inc. Agreements ...... RM01–8–000 For more information about the EQR Description: § 205(d) Rate Filing: Electricity Market Trans- Users Group meeting, please contact 2017–03–29_Revisions to MISO–SPP parency Provisions of Section 220 of the Don Callow of the Commission’s Office JOA to implement EARs to be effective Federal Power Act ..... RM10–12–000 of Enforcement at (202) 502–8838, or 6/1/2017. Revisions to Electric send an email to EQRUsersGroup@ Filed Date: 3/29/17. Quarterly Report Filing ferc.gov. Accession Number: 20170329–5140. Process ...... RM12–3–000 Dated: March 29, 2017. Comments Due: 5 p.m. ET 4/19/17. Electric Quarterly Re- Kimberly D. Bose, Docket Numbers: ER17–1333–000. ports ...... ER02–2001–000 Applicants: Southwest Power Pool, Secretary. Take notice that on May 16, 2017, Inc. [FR Doc. 2017–06616 Filed 4–3–17; 8:45 am] staff of the Federal Energy Regulatory Description: § 205(d) Rate Filing: BILLING CODE 6717–01–P Commission (Commission) will hold an SPP–MISO JOA Congestion Electric Quarterly Report (EQR) Users Management Process Revisions to be Group meeting. The meeting will take effective 6/1/2017. DEPARTMENT OF ENERGY place from 1:00 p.m. to 5:00 p.m. (EST), Filed Date: 3/29/17. in the Commission Meeting Room at 888 Accession Number: 20170329–5159. Federal Energy Regulatory First Street NE., Washington, DC 20426. Comments Due: 5 p.m. ET 4/19/17. Commission All interested persons are invited to Docket Numbers: ER17–1334–000. attend. For those unable to attend in [Docket No. OR17–9–000] Applicants: Duke Energy Progress, person, access to the meeting will be LLC. available via webcast. Whiting Oil and Gas Corporation; Description: § 205(d) Rate Filing: This meeting will provide a forum for Waynesville-DEP NITSA Amendment Notice of Request for Temporary dialogue between Commission staff and Waiver SA No. 303 to be effective 3/1/2017. EQR users to discuss potential Filed Date: 3/29/17. improvements to the EQR program and Take notice that on March 14, 2017, Accession Number: 20170329–5174. the EQR filing process. Please note that Comments Due: 5 p.m. ET 4/19/17. Whiting Oil and Gas Corporation matters pending before the Commission (Whiting or Requestor) filed a request The filings are accessible in the and subject to ex parte limitations for temporary waiver of the Interstate Commission’s eLibrary system by cannot be discussed at this meeting. An Commerce Act (ICA), section 6 and clicking on the links or querying the agenda of the meeting will be provided section 20, and FERC oil pipeline tariff docket number. in a subsequent notice. Any person desiring to intervene or Due to the nature of the discussion, and reporting requirements thereunder protest in any of the above proceedings those interested in actively participating at 18 CFR parts 341 and 357, with must file in accordance with Rules 211 in the discussion are encouraged to respect to Whiting’s Redtail crude and 214 of the Commission’s attend in person. All interested persons petroleum gathering system in Weld Regulations (18 CFR 385.211 and (whether attending in person or via County, Colorado, as more fully 385.214) on or before 5:00 p.m. Eastern webcast) are asked to register online at explained in the request. time on the specified comment date. https://www.ferc.gov/whats-new/ Any person desiring to intervene or to Protests may be considered, but registration/05-16-17-form.asp. There is protest this filing must file in

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accordance with Rules 211 and 214 of Accession Number: 20170327–5073. other information, call (866) 208–3676 the Commission’s Rules of Practice and Comment Date: 5:00 p.m. Eastern (toll free). For TTY, call (202) 502–8659. Procedure (18 CFR 385.211 and 385.214. Time on Monday, April 10, 2017. Dated: March 28, 2017. Protests will be considered by the Docket Numbers: RP17–556–000. Kimberly D. Bose, Commission in determining the Applicants: Kern River Gas Secretary. appropriate action to be taken, but will Transmission Company. not serve to make protestants parties to Description: Kern River Gas [FR Doc. 2017–06601 Filed 4–3–17; 8:45 am] the proceeding. Any person wishing to Transmission Company submits tariff BILLING CODE 6717–01–P become a party must file a notice of filing per 154.204: 2017 Adjusted P2 intervention or motion to intervene, as and Alt P2 Rates to be effective 5/1/ DEPARTMENT OF ENERGY appropriate. Such notices, motions, or 2017. protests must be filed on or before the Filed Date: 03/27/2017. Federal Energy Regulatory comment date. Anyone filing a motion Accession Number: 20170327–5142. Commission to intervene or protest must serve a copy Comment Date: 5:00 p.m. Eastern of that document on Requestor. Time on Monday, April 10, 2017. [Docket No. CP17–80–000] The Commission encourages Docket Numbers: RP17–557–000. electronic submission of protests and Columbia Gas Transmission, LLC; Applicants: Equitrans, L.P. Notice of Application interventions in lieu of paper using the Description: Equitrans, L.P. submits ‘‘eFiling’’ link at http://www.ferc.gov. tariff filing per 154.204: Reservation Take notice that on March 15, 2017, Persons unable to file electronically Charge Credit Update to be effective 4/ Columbia Gas Transmission, LLC should submit an original and 5 copies 27/2017. (Columbia), 700 Louisiana Street, Suite of the protest or intervention to the Filed Date: 03/27/2017. 700, Houston, Texas 77002–2700, filed Federal Energy Regulatory Commission, Accession Number: 20170327–5201. an application under section 7(c) of the 888 First Street NE., Washington, DC Comment Date: 5:00 p.m. Eastern Natural Gas Act (NGA), and Part 157 of 20426. Time on Monday, April 10, 2017. the Commission’s regulations, This filing is accessible online at Docket Numbers: RP17–558–000. requesting authorization to implement http://www.ferc.gov, using the Applicants: Iroquois Gas its Eastern Panhandle Expansion ‘‘eLibrary’’ link and is available for Transmission System, L.P. Project. The project as proposed will review in the Commission’s Public Description: Iroquois Gas consist of the construction of a new 8- Reference Room in Washington, DC. Transmission System, L.P. submits tariff inch diameter pipeline and There is an ‘‘eSubscription’’ link on the filing per 154.204: 03/27/17 Negotiated appurtenances extending approximately Web site that enables subscribers to Rates—KeySpan Gas East dba National 3.37 miles from Columbia’s 20-inch receive email notification when a Grid (RTS) 550–14 to be effective 3/27/ diameter Line 1804 and 24-inch document is added to a subscribed 2017. diameter Line 10240 in Fulton County, docket(s). For assistance with any FERC Filed Date: 03/27/2017. Pennsylvania in order to provide 47,500 Online service, please email Accession Number: 20170327–5208. Dekatherms per day (Dth/d) of firm [email protected], or call Comment Date: 5:00 p.m. Eastern transportation service. The new 8-inch (866) 208–3676 (toll free). For TTY, call Time on Monday, April 10, 2017. diameter line will end at the project (202) 502–8659. Docket Numbers: RP17–559–000. shipper’s Point of Delivery (POD) site in Comment Date: 5:00 p.m. Eastern time Applicants: Alliance Pipeline L.P. Morgan County, West Virginia, all as on April 14, 2017. Description: Alliance Pipeline L.P. more fully set forth in the application Dated: March 29, 2017. submits tariff filing per 154.204: which is on file with the Commission Kimberly D. Bose, Seasonal Service Apr–Oct 2017 to be and open for public inspection. Secretary. effective 4/1/2017. The filing may also be viewed on the [FR Doc. 2017–06614 Filed 4–3–17; 8:45 am] Filed Date: 03/27/2017. web at http://www.ferc.gov using the Accession Number: 20170327–5225. BILLING CODE 6717–01–P ‘‘eLibrary’’ link. Enter the docket Comment Date: 5:00 p.m. Eastern number excluding the last three digits in Time on Monday, April 10, 2017. the docket number field to access the DEPARTMENT OF ENERGY The filings are accessible in the document. For assistance, please contact Commission’s eLibrary system by FERC at [email protected] Federal Energy Regulatory clicking on the links or querying the or toll free at (866) 208–3676, or TTY, Commission docket number. (202) 502–8659. Any person desiring to intervene or Any questions regarding the proposed Combined Notice of Filings protest in any of the above proceedings project should be directed to Richard Take notice that the Commission has must file in accordance with Rules 211 Bralow, Legal Counsel, Columbia Gas received the following Natural Gas and 214 of the Commission’s Transmission, LLC, 700 Louisiana Pipeline Rate and Refund Report filings: Regulations (18 CFR 385.211 and Street, Suite 700, Houston, Texas 385.214) on or before 5:00 p.m. Eastern 77002–2700, or by calling (832) 320– Filings Instituting Proceedings time on the specified comment date. 5177 (telephone) or email at Docket Numbers: RP17–555–000. Protests may be considered, but [email protected]. Applicants: Texas Eastern intervention is necessary to become a Pursuant to Section 157.9 of the Transmission, LP. party to the proceeding. Commission’s rules, 18 CFR 157.9, Description: Texas Eastern eFiling is encouraged. More detailed within 90 days of this Notice the Transmission, LP submits tariff filing information relating to filing Commission staff will either: complete per 154.204: Negotiated Rates—NJR requirements, interventions, protests, its environmental assessment (EA) and Energy—contract 911403 to be effective service, and qualifying facilities filings place it into the Commission’s public 4/1/2017. can be found at: http://www.ferc.gov/ record (eLibrary) for this proceeding; or Filed Date: 03/27/2017. docs-filing/efiling/filing-req.pdf. For issue a Notice of Schedule for

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Environmental Review. If a Notice of copies of the environmental documents, Loop pipeline with approximately 4.56 Schedule for Environmental Review is and will be notified of meetings miles of 12-inch Sanford Lateral pipe issued, it will indicate, among other associated with the Commission’s and 3.12 miles of 26-inch Sanford Later milestones, the anticipated date for the environmental review process. Loop pipeline facilities used to render Commission staff’s issuance of the final Environmental commenters will not be transportation services. FGT is environmental impact statement (FEIS) required to serve copies of filed proposing to abandon, relocate, and or EA for this proposal. The filing of the documents on all other parties. replace portions of the affected Sanford EA in the Commission’s public record However, the non-party commenters Laterals by installing the replacement for this proceeding or the issuance of a will not receive copies of all documents lines adjacent to each other in new right Notice of Schedule for Environmental filed by other parties or issued by the of way, all as more fully set forth in the Review will serve to notify federal and Commission (except for the mailing of application, which is on file with the state agencies of the timing for the environmental documents issued by the Commission and open to public completion of all necessary reviews, and Commission) and will not have the right inspection. The filing may also be the subsequent need to complete all to seek court review of the viewed on the web at http:// federal authorizations within 90 days of Commission’s final order. www.ferc.gov using the ‘‘eLibrary’’ link. the date of issuance of the Commission The Commission strongly encourages Enter the docket number excluding the staff’s FEIS or EA. electronic filings of comments, protests last three digits in the docket number There are two ways to become and interventions in lieu of paper using field to access the document. For involved in the Commission’s review of the ‘‘eFiling’’ link at http:// assistance, contact FERC at this project. First, any person wishing to www.ferc.gov. Persons unable to file [email protected] or call obtain legal status by becoming a party electronically should submit an original toll-free, (866) 208–3676 or TTY, (202) to the proceedings for this project and 5 copies of the protest or 502–8659. should, on or before the comment date intervention to the Federal Energy Any questions regarding this stated below, file with the Federal Regulatory Commission, 888 First Street application should be directed to Blair Energy Regulatory Commission, 888 NE., Washington, DC 20426. Lichtenwalter, Senior Director of First Street NE., Washington, DC 20426, Comment Date: 5:00 p.m. Eastern Regulatory, Florida Gas Transmission a motion to intervene in accordance Time on April 19, 2017. Company, LLC, 1300 Main Street, with the requirements of the Houston, Texas 77002, or by phone: Commission’s Rules of Practice and Dated: March 29, 2017. (713) 989–2605, or by fax: (713) 989– Procedure (18 CFR 385.214 or 385.211) Kimberly D. Bose, 1205 or by email: and the Regulations under the NGA (18 Secretary. [email protected]. CFR 157.10). A person obtaining party [FR Doc. 2017–06604 Filed 4–3–17; 8:45 am] Pursuant to section 157.9 of the status will be placed on the service list BILLING CODE 6717–01–P Commission’s rules, 18 CFR 157.9, maintained by the Secretary of the within 90 days of this Notice the Commission and will receive copies of Commission staff will either: Complete all documents filed by the applicant and DEPARTMENT OF ENERGY its environmental assessment (EA) and by all other parties. A party must submit place it into the Commission’s public 7 copies of filings made with the Federal Energy Regulatory record (eLibrary) for this proceeding; or Commission and must mail a copy to Commission issue a Notice of Schedule for the applicant and to every other party in [Docket No. CP17–79–000] Environmental Review. If a Notice of the proceeding. Only parties to the Schedule for Environmental Review is proceeding can ask for court review of Florida Gas Transmission Company, issued, it will indicate, among other Commission orders in the proceeding. LLC; Notice of Application milestones, the anticipated date for the However, a person does not have to Commission staff’s issuance of the final intervene in order to have comments Take notice that on March 16, 2017, environmental impact statement (FEIS) considered. The second way to Florida Gas Transmission Company, or EA for this proposal. The filing of the participate is by filing with the LLC (FGT) 1300 Main Street, Houston, EA in the Commission’s public record Secretary of the Commission, as soon as Texas 77002, filed in Docket No. CP17– for this proceeding or the issuance of a possible, an original and two copies of 79–000, an application pursuant to Notice of Schedule for Environmental comments in support of or in opposition sections 7(b) and 7(c) of the Natural Gas Review will serve to notify federal and to this project. The Commission will Act and Part 157 of the Commission’s state agencies of the timing for the consider these comments in regulations, for a certificate of public completion of all necessary reviews, and determining the appropriate action to be convenience and necessity to construct the subsequent need to complete all taken, but the filing of a comment alone and operate its Wekiva Parkway federal authorizations within 90 days of will not serve to make the filer a party Relocation Project located in Lake and the date of issuance of the Commission to the proceeding. The Commission’s Seminole Counties, Florida. The staff’s FEIS or EA. rules require that persons filing purpose of the Wekiva Parkway There are two ways to become comments in opposition to the project Relocation Project is to resolve conflicts involved in the Commission’s review of provide copies of their protests only to with the Florida Department of this project. First, any person wishing to the party or parties directly involved in Transportation construction of State obtain legal status by becoming a party the protest. Road 429, part of a new toll road known to the proceedings for this project Persons who wish to comment only as the Wekiva Parkway which conflicts should, on or before the comment date on the environmental review of this with portions of FGT’s existing 12-inch stated below, file with the Federal project should submit an original and and 26-inch Sanford Laterals and Energy Regulatory Commission, 888 two copies of their comments to the appurtenant facilities. Specifically, FGT First Street NE., Washington, DC 20426, Secretary of the Commission. requests to relocate/replace a motion to intervene in accordance Environmental commenters will be approximately 4.60 miles of 12-inch with the requirements of the placed on the Commission’s Sanford Lateral pipe and approximately Commission’s Rules of Practice and environmental mailing list, will receive 3.16 miles of 26-inch Sanford Lateral Procedure (18 CFR 385.214 or 385.211)

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and the Regulations under the NGA (18 Online service, please email interventions in lieu of paper using the CFR 157.10). A person obtaining party [email protected], or call ‘‘eFiling’’ link at http://www.ferc.gov. status will be placed on the service list (866) 208–3676 (toll free). For TTY, call Persons unable to file electronically maintained by the Secretary of the (202) 502–8659. should submit an original and 5 copies Commission and will receive copies of Comment Date: 5:00 p.m. Eastern of the protest or intervention to the all documents filed by the applicant and Time on April 19, 2017. Federal Energy Regulatory Commission, by all other parties. A party must submit Dated: March 29, 2017. 888 First Street NE., Washington, DC 7 copies of filings made with the Kimberly D. Bose, 20426. Commission and must mail a copy to Secretary. This filing is accessible on-line at the applicant and to every other party in http://www.ferc.gov, using the the proceeding. Only parties to the [FR Doc. 2017–06603 Filed 4–3–17; 8:45 am] ‘‘eLibrary’’ link and is available for proceeding can ask for court review of BILLING CODE 6717–01–P electronic review in the Commission’s Commission orders in the proceeding. Public Reference Room in Washington, However, a person does not have to DEPARTMENT OF ENERGY DC There is an ‘‘eSubscription’’ link on intervene in order to have comments the Web site that enables subscribers to considered. The second way to Federal Energy Regulatory receive email notification when a participate is by filing with the Commission document is added to a subscribed Secretary of the Commission, as soon as docket(s). For assistance with any FERC possible, an original and two copies of [Docket No. EL17–54–000] Online service, please email comments in support of or in opposition Dynegy Marketing and Trade, LLC [email protected], or call to this project. The Commission will Illinois Power Marketing Company v. (866) 208–3676 (toll free). For TTY, call consider these comments in Midcontinent Independent System (202) 502–8659. determining the appropriate action to be Operator, Inc.; Notice of Complaint Comment Date: 5:00 p.m. Eastern taken, but the filing of a comment alone Time on April 17, 2017. will not serve to make the filer a party Take notice that on March 28, 2017, Dated: March 29, 2017. to the proceeding. The Commission’s pursuant to sections 206 and 306 of the Kimberly D. Bose, rules require that persons filing Federal Power Act,1 and Rule 206 of the comments in opposition to the project Federal Energy Regulatory Secretary. provide copies of their protests only to Commission’s (Commission) Rules of [FR Doc. 2017–06605 Filed 4–3–17; 8:45 am] the party or parties directly involved in Practice and Procedure,2 Dynegy BILLING CODE 6717–01–P the protest. Marketing and Trade, LLC and Illinois Persons who wish to comment only Power Marketing Company on the environmental review of this (collectively, Complainants), filed a ENVIRONMENTAL PROTECTION project should submit an original and formal complaint against Midcontinent AGENCY two copies of their comments to the Independent System Operator, Inc., [EPA–HQ–OAR–2014–0738; FRL–9960–13– Secretary of the Commission. (MISO or Respondent) alleging that OAR] Environmental commentors will be MISO has violated its tariff by charging placed on the Commission’s Complainants duplicative congestion Notice of Requests for Approval of an environmental mailing list, will receive and losses costs for pseudo-tied Alternative Means of Emission copies of the environmental documents, resources through Financial Schedules, Limitation at Chevron Phillips and will be notified of meetings as more fully explained in the Chemical Company LP associated with the Commission’s complaint. environmental review process. Complainants certify that copies of AGENCY: Environmental Protection Environmental commentors will not be the complaint were served on the Agency (EPA). required to serve copies of filed contacts for Respondent, as listed on the ACTION: Notice; request for comments. documents on all other parties. Commission’s list of Corporate Officials. However, the non-party commentors Any person desiring to intervene or to SUMMARY: This action provides public will not receive copies of all documents protest this filing must file in notice and solicits comment on the filed by other parties or issued by the accordance with Rules 211 and 214 of alternative means of emission limitation Commission (except for the mailing of the Commission’s Rules of Practice and (AMEL) request from Chevron Phillips environmental documents issued by the Procedure (18 CFR 385.211, 385.214). Chemical Company LP (CP Chem), Commission) and will not have the right Protests will be considered by the requested under the Clean Air Act to seek court review of the Commission in determining the (CAA), to operate a multi-point ground Commission’s final order. appropriate action to be taken, but will flare (MPGF) at their new ethylene plant The Commission strongly encourages not serve to make protestants parties to in Baytown, Texas, and an MPGF at electronic filings of comments, protests the proceeding. Any person wishing to their new polyethylene plant in Old 1 and interventions in lieu of paper using become a party must file a notice of Ocean, Texas. In this action, the the ‘‘eFiling’’ link at http:// intervention or motion to intervene, as Environmental Protection Agency (EPA) www.ferc.gov. Persons unable to file appropriate. The Respondent’s answer is soliciting comment on all aspects of electronically should submit an original and all interventions, or protests must this request for an AMEL and the and 5 copies of the protest or be filed on or before the comment date. alternative operating conditions that intervention to the Federal Energy The Respondent’s answer, motions to would be sufficient to achieve a Regulatory Commission, 888 First Street intervene, and protests must be served reduction in emissions of volatile NE., Washington, DC 20426. on the Complainants. organic compounds (VOC) and There is an ‘‘eSubscription’’ link on The Commission encourages the Web site that enables subscribers to electronic submission of protests and 1 The MPGF at both the ethylene plant and polyethylene plant will utilize pressure-assisted receive email notification when a burners on all the high pressure stages; however, document is added to a subscribed 1 16 U.S.C. 824e and 825e (2012). the first two stages on the MPGF at the polyethylene docket(s). For assistance with any FERC 2 18 CFR 385.206 (2016). plant will also be steam-assisted.

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hazardous air pollutants (HAP) at least you consider to be Confidential the Regulations.gov index. Although equivalent to the reduction in emissions Business Information (CBI) or other listed in the index, some information is required by various standards in 40 CFR information whose disclosure is not publicly available, e.g., CBI or other parts 60, 61, and 63 that apply to restricted by statute. Multimedia information whose disclosure is emission sources controlled by these submissions (audio, video, etc.) must be restricted by statute. Certain other MPGFs. These standards incorporate the accompanied by a written comment. material, such as copyrighted material, design and operating requirements for The written comment is considered the is not placed on the Internet and will be flares in the General Provisions to parts official comment and should include publicly available only in hard copy. 60 and 63, respectively, as part of the discussion of all points you wish to Publicly available docket materials are emission reduction requirements. The make. The EPA will generally not available either electronically in proposed MPGF designs cannot meet consider comments or comment Regulations.gov or in hard copy at the the velocity requirements in these contents located outside of the primary EPA Docket Center, Room 3334, EPA General Provisions; however, CP Chem’s submission (i.e., on the Web, cloud, or WJC West Building, 1301 Constitution request for an alternative means of other file sharing system). For Avenue NW., Washington, DC. The emission limit demonstrates that the additional submission methods, the full Public Reading Room is open from 8:30 alternative proposed would achieve at EPA public comment policy, a.m. to 4:30 p.m., Monday through least equivalent emissions reductions as information about CBI or multimedia Friday, excluding legal holidays. The flares that meet the standards in the submissions, and general guidance on telephone number for the Public General Provisions. making effective comments, please visit Reading Room is (202) 566–1744, and DATES: Comments. Comments must be http://www2.epa.gov/dockets/ the telephone number for the EPA received on or before May 4, 2017, commenting-epa-dockets. Docket Center is (202) 566–1742. Instructions. Direct your comments to unless a public hearing is requested by FOR FURTHER INFORMATION CONTACT: For April 10, 2017. If a public hearing is Docket ID No. EPA–HQ–OAR–2014– 0738. The EPA’s policy is that all questions about this action, contact Mr. requested on this action, written Andrew Bouchard, Sector Policies and comments must be received by May 19, comments received will be included in the public docket without change and Programs Division (E143–01), Office of 2017. Air Quality Planning and Standards Public Hearing. If a public hearing is may be made available online at http:// www.regulations.gov, including any (OAQPS), U.S. Environmental requested by April 10, 2017, we will Protection Agency, Research Triangle hold a public hearing on April 19, 2017, personal information provided, unless the comment includes information Park, North Carolina 27711; telephone from 1:00 p.m. [Central Daylight Time] number: (919) 541–4036; fax number: to 5:00 p.m. [Central Daylight Time] in claimed to be CBI or other information whose disclosure is restricted by statute. (919) 541–0246; and email address: the Houston, Texas, area. We will [email protected]. provide details on the public hearing, if Do not submit information that you consider to be CBI or otherwise one is requested, on our Web site at: SUPPLEMENTARY INFORMATION: protected through http:// https://www3.epa.gov/ttn/atw/ Acronyms and Abbreviations. We use www.regulations.gov or email. The groundflares/groundflarespg.html. The multiple acronyms and terms in this http://www.regulations.gov Web site is EPA does not intend to publish another notice. While this list may not be an ‘‘anonymous access’’ system, which notice in the Federal Register exhaustive, to ease the reading of this means the EPA will not know your announcing any updates on the request notice and for reference purposes, the identity or contact information unless for a public hearing, so please be sure EPA defines the following terms and you provide it in the body of your to check the Web site above for updates. acronyms here: comment. If you send an email Again, a public hearing will not be held comment directly to the EPA without AMEL alternative means of emission unless someone specifically requests limitation going through http:// Btu/scf British thermal units per standard that the EPA hold a public hearing www.regulations.gov, your email regarding these requests. Please contact cubic foot address will be automatically captured CAA Clean Air Act Ms. Virginia Hunt, Sector Policies and and included as part of the comment Programs Division (E143–01), Office of CBI confidential business information that is placed in the public docket and CFR Code of Federal Regulations Air Quality Planning and Standards, made available on the Internet. If you CP Chem Chevron Phillips Chemical U.S. Environmental Protection Agency, submit an electronic comment, the EPA Company LP Research Triangle Park, NC 27711; recommends that you include your EPA Environmental Protection Agency telephone number: (919) 541–0832; name and other contact information in Eqn equation email address: [email protected]; to the body of your comment and with any HAP hazardous air pollutants request a public hearing, to register to HP high pressure disk or CD–ROM you submit. If the EPA LFL lower flammability limit speak at the public hearing or to inquire cannot read your comment due to LFLcz lower flammability limit of as to whether a public hearing will be technical difficulties and cannot contact held. The last day to pre-register in combustion zone gas you for clarification, the EPA may not LFLvg lower flammability limit of flare vent advance to speak at the public hearing be able to consider your comment. gas will be April 17, 2017. Electronic files should not include MPGF multi-point ground flares ADDRESSES: Comments. Submit your special characters or any form of NESHAP national emission standards for comments, identified by Docket ID No. encryption and be free of any defects or hazardous air pollutants EPA–HQ–OAR–2014–0738, at http:// viruses. For additional information NHV net heating value www.regulations.gov. Follow the online about the EPA’s public docket, visit the NHVcz net heating value of combustion zone gas instructions for submitting comments. EPA Docket Center homepage at http:// NHVvg net heating value of flare vent gas Once submitted, comments cannot be www.epa.gov/dockets. NSPS new source performance standards edited or removed from Regulations.gov. Docket. The EPA has established a OAQPS Office of Air Quality Planning and The EPA may publish any comment docket for this rulemaking under Docket Standards received to its public docket. Do not ID No. EPA–HQ–OAR–2014–0738. All scf standard cubic feet submit electronically any information documents in the docket are listed in VOC volatile organic compounds

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Organization of This Document. The AMEL framework that was published in 60, 61, and 63 that will apply to the information in this notice is organized the Federal Register (see 81 FR 23480, flare vent gas streams that will be as follows: April 21, 2016), to the EPA on collected and routed to their MPGF at I. Background November 28, 2016. CP Chem is seeking each of these two plants. See Table 1 for A. Regulatory Flare Requirements and CP an AMEL to operate an MPGF for use a list of regulations, by subparts, that CP Chem’s AMEL Request during limited high-pressure Chem has identified as applicable to the II. Requests for AMEL maintenance, startup, and shutdown two plants described above. These new A. CP Chem’s Ethylene Plant events, as well as during upset events at B. CP Chem’s Polyethylene Plant source performance standards (NSPS) their ethylene plant in Baytown, Texas. and national emissions standards for C. Information Supporting CP Chem’s In addition, CP Chem is seeking an hazardous air pollutants (NESHAP) MPGF AMEL Requests AMEL to operate an MPGF during III. AMEL for the Proposed MPGFs require that flares subject to these certain routine operations (i.e., the first IV. Request for Comments subparts meet the flare design and two stages only), as well as during operating requirements in the General I. Background periods of maintenance, startup, shutdown, and upset at their Provisions of part 60 and 63, A. Regulatory Flare Requirements and polyethylene plant in Old Ocean, Texas respectively (i.e., 40 CFR 60.18(b) and CP Chem’s AMEL Request (see section II.B. below for more details). 63.11(b)). CP Chem is requesting that CP Chem submitted a complete MPGF In their request, CP Chem cited various the EPA approve an AMEL for the flare AMEL request, following the MPGF regulatory requirements in 40 CFR parts requirements in these subparts.

TABLE 1—SUMMARY OF APPLICABLE RULES THAT MAY APPLY TO VENT STREAMS CONTROLLED BY MULTI-POINT GROUND FLARES

Applicable rules with vent CP Chem streams going to control CP Chem polyethylene Rule citation from Title 40 CFR that Provisions for alternative means of device(s) ethylene plant plant allow for use of a flare emission limitation

NSPS Subpart VV ...... X 60.482–10(d) ...... 60.484(a)–(f). NSPS Subpart VVa ...... X ...... 60.482–10a(d) ...... 60.484a(a)–(f). NSPS Subpart DDD ...... X 60.562–1(a)(1)(i)(C) ...... CAA section 111(h)(3). NSPS Subpart NNN ...... X ...... 60.662(b) ...... CAA section 111(h)(3). NSPS Subpart RRR ...... X ...... 60.702(b) ...... CAA section 111(h)(3). NESHAP Subpart FF ...... X ...... 61.349(a)(2) ...... 61.353(a); also see 61.12(d). NESHAP Subpart SS ...... X ...... 63.982(b) ...... CAA section 112(h)(3). NESHAP Subpart UU ...... X ...... 63.1034 ...... 63.1021(a)–(d). NESHAP Subpart XX ...... X ...... 63.1091 ...... 63.1097(b)(1). * Note—This subpart cross-ref- erences to NESHAP subpart FF above. NESHAP Subpart YY...... X ...... Table 7 to § 63.1103(e) cross-ref- 63.1113. erences to NESHAP subpart SS above. NESHAP Subpart FFFF ...... X 63.2450(e)(2) ...... 63.2545(b)(1); also see 63.6(g).

The provisions in each NSPS and operate above the maximum permitted Chem is proposing to use a staged flare NESHAP cited above that ensure flares velocity requirements for flares in the design to control emissions of VOC and meet certain specific requirements when General Provisions in 40 CFR parts 60 HAP from various process vents during used to satisfy the requirements of the and 63. CP Chem provided information normal operations, as well as during NSPS or NESHAP were established as that the MPGF designs they propose to maintenance, startup, shutdown, and work practice standards pursuant to use at both sites will achieve a upset operating conditions. During CAA sections 111(h)(1) or 112(h)(1). For reduction in emissions at least normal operation and most of the standards established according to these equivalent to the reduction in emissions routine maintenance activities, CP provisions, CAA sections 111(h)(3) and for flares complying with these General Chem will operate a low pressure steam- 112(h)(3) allow the EPA to permit the Provisions requirements. For further assisted ground flare consisting of eight use of an AMEL by a source if, after information on CP Chem’s specific Callidus MP4U burners. This low 2 notice and opportunity for comment, it AMEL request, see supporting materials pressure stage of the flare is not is established to the Administrator’s from CP Chem at Docket ID No. EPA– specifically part of the AMEL request, satisfaction that such an AMEL will HQ–OAR–2014–0738. because this flare can comply with the achieve emissions reductions at least II. Requests for AMEL General Provisions requirements of 40 equivalent to the reductions required CFR 60.18(b) and 63.11(b), which are under the CAA section 111(h)(1) or A. CP Chem’s Ethylene Plant cross-referenced in the applicable NSPS 112(h)(1) standard. As noted in Table 1, and NESHAP provisions. CP Chem has many of the NSPS and NESHAP also CP Chem indicates in their MPGF submitted an AMEL request to operate include specific regulatory provisions AMEL request that they plan to the 17 high pressure (HP) stages (i.e., 16 allowing sources to request an AMEL. construct and operate an MPGF at their CP Chem submitted an AMEL request Cedar Bayou ethylene plant in Baytown, stages plus one spare stage) of the MPGF because their MPGFs are designed to Texas. This new ethylene plant will use because the designed flaring scenarios ethane as a feedstock and be able to for when this portion of the MPGF will 2 CAA section 111(h)(3) specifically requires that produce approximately 1.5 million be used (i.e., during limited HP the EPA provide an opportunity for a hearing. metric tons per year of ethylene. CP maintenance, startup, and shutdown

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events, as well as during upset events) burners, which account for minutes and none of these runs will exceed the maximum permitted approximately 10 percent of the total displayed any characteristics of flame velocity requirements in the General number of flare burners on the HP side instability (for further information on Provisions at 40 CFR 60.18(b) and 40 of the MPGF being proposed for use by the supporting materials provided by CP CFR 63.11(b). The HP stages will also CP Chem (see supporting materials from Chem, see the docket at Docket ID No. use Callidus MP4U burners and have CP Chem at Docket ID No. EPA–HQ– EPA–HQ–OAR–2014–0738). anywhere from 6 to 62 burners per stage OAR–2014–0738 for more details). (see supporting materials from CP Chem III. AMEL for the Proposed MPGFs C. Information Supporting CP Chem’s at Docket ID No. EPA–HQ–OAR–2014– We are seeking the public’s input on MPGF AMEL Requests 0738 for more details). CP Chem’s request that the EPA approve CP Chem provided all the information B. CP Chem’s Polyethylene Plant an AMEL for the two MPGFs proposed specified in the MPGF AMEL to be used at CP Chem’s ethylene plant CP Chem indicates in their MPGF framework finalized on April 21, 2016 in Baytown, Texas, and CP Chem’s AMEL request that they also plan to (see 81 FR 23480), to support their polyethylene plant in Old Ocean, Texas. construct and operate an MPGF at their AMEL request. This information Specifically, the EPA seeks the public’s new polyethylene plant that will be includes, but is not limited to: (1) input on the requirements that will located adjacent to their Sweeny Details on the project scope and ensure that the AMEL will achieve Chemical and Natural Gas Liquids background; (2) information on emission reductions at least equivalent (NGL) Fractionation Plant in Old Ocean, regulatory applicability; (3) MPGF test to the emission reductions achieved Texas. The polyethylene plant consists data on destruction efficiency/ under the applicable NESHAP and of two polyethylene units, each capable combustion efficiency; (4) MPGF NSPS identified in Table 1, all of which of producing 500,000 metric tons per stability testing data, (5) MPGF cross- require compliance with 40 CFR year of polyethylene products. CP Chem light testing data; (6) information on 63.11(b) or 40 CFR 60.18(b), is also proposing to use a staged flare flare reduction considerations; and (7) respectively, when using a flare.3 Based design scheme to control emissions of information on appropriate MPGF upon our review of the completed VOC and HAP from various process monitoring and operating conditions. In AMEL request and the available vents during normal operations, as well addition, because the MPGF AMEL emissions test data submitted by CP as during maintenance, startup, framework did not specifically address Chem,4 we believe that, by complying shutdown, and upset operating an MPGF design that would utilize with the following list of requirements, conditions; however, the design, burner pressure-assisted burners and that the two proposed MPGFs will achieve type and configuration of this flare would also be steam-assisted (i.e., HP emission reductions at least equivalent differ from that of the MPGF at the stages 1 and 2 of CP Chem’s to emission reductions achieved under ethylene plant in a few key ways. First, polyethylene plant MPGF), CP Chem 40 CFR 63.11(b) and 40 CFR 60.18(b), as the low pressure stage of the flare will conducted additional performance required by the applicable NESHAP and have four steam-assisted Callidus LP- testing on an n-butane/nitrogen vent gas NSPS identified in Table 1: Expert tip burners. Similar to the design mixture over a range of combustion of CP Chem’s ethylene plant MPGF, this (1) The MPGF system for all HP stages zone net heating values (NHVcz), vent low pressure stage is not specifically at CP Chem’s ethylene plant and for all gas exit velocity regimes, and steam HP stages excluding stage 1 and 2 for CP part of the AMEL request as it can flow rate regimes in order to establish comply with the flare General Chem’s polyethylene plant must be where the burners can achieve a Provisions requirements of 40 CFR designed and operated such that the net destruction efficiency of n-butane of 98 60.18(b) and 40 CFR 63.11(b). Second, heating value of the combustion zone percent or greater.3 An n-butane vent the MPGF will consist of 10 HP stages gas (NHVcz) is greater than or equal to gas mixture was tested because CP (i.e., nine stages plus one spare stage), 800 British thermal units per standard Chem indicated in their AMEL request with each stage using Callidus MP4U cubic foot (Btu/scf) or lower that a cooling water failure would be burners. Lastly, unlike CP Chem’s flammability limit of the combustion their worst case upset design scenario ethylene plant MPGF, the first two zone gas (LFLcz) is less than or equal to from an MPGF perspective and that the stages of the HP side of this MPGF will 6.5 percent by volume. The MPGF vent gas sent to the flare would be operate pressure-assisted burners that system for HP stages 1 and 2 of CP will also be steam-assisted and control predominantly isobutane. However, Chem’s polyethlene plant must be emissions during certain routine given that n-butane was more readily designed and operated such that the available than isobutane and given that operations, as well as during periods of NHVcz is greater than or equal to 600 they both have the same molecular startup, shutdown, maintenance, and Btu/scf or the LFLcz is less than or equal upset conditions. CP Chem indicates in formula (C4H10), the same lower to 8.0 percent by volume. Owners or their AMEL request that this particular flammability limits, and have almost operators must demonstrate compliance identical net heating values, n-butane control scheme was chosen due to with the NHVcz or LFLcz metric by insufficient area in the plot plan to add was tested in lieu of isobutane (see continuously complying with a 15- additional flare burners on the low Table 2 in section III. below for more minute block average. Owners or pressure side that could comply with details). In addition, each of the valid operators must calculate and monitor destruction efficiency test runs the maximum permitted velocity for the NHVcz or LFLcz according to the requirements of 40 CFR 60.18(b) and 40 conducted lasted for a minimum of 10 following: CFR 63.11(b). Thus, in order to account (a) Calculation of NHVcz 3 The EPA has previously concluded that flares for all potential routine flaring operation operating in accordance with the General scenarios, CP Chem will operate the first Provisions flare requirements of part 60 and 63 4 For further information on the test data two stages of the HP side of the MPGF destroy VOC and HAP with a destruction efficiency submitted by CP Chem to support their AMEL as flexible, or ‘‘swing’’ stages that can of 98 percent or greater. Standard of Performance request, see ‘‘CP Chemical AMEL Request for Multi- for New Stationary Sources: General Provisions; Point Ground Flares September 2015’’ at Docket ID operate in both a low pressure capacity National Emission Standards for Hazardous Air No. EPA–HQ–OAR–2014–0738–0048, as well as as well as high pressure capacity. These Pollutants for Source Categories: General ‘‘CP Chemical Response to EPA November 2016’’ at first two stages will have a total of 18 Provisions, 63 FR 24436, 24437 (May 4, 1998). Docket ID No. EPA–HQ–OAR–2014–0738–0052.

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(i) The owner or operator shall period, standard cubic feet (scf). (i) The flow rate monitoring systems determine the net heating value of flare Qs = Cumulative volumetric flow of total must be able to correct for the assist steam during the 15-minute block vent gas (NHVvg) by following the temperature and pressure of the system requirements of (1)(d)–(1)(e) below. If an period, scf. and output parameters in standard owner or operator elects to use a (b) Calculation of LFLcz conditions (i.e., a temperature of 20 °C monitoring system capable of (i) The owner or operator shall (68 °F) and a pressure of 1 atmosphere). continuously measuring (i.e., at least determine LFLcz from compositional (ii) Mass flow monitors may be used once every 15 minutes), calculating, and analysis data by using the following for determining volumetric flow rate of recording the individual component equation: flare vent gas provided the molecular concentrations present in the flare vent weight of the flare vent gas is gas, NHVvg shall be calculated using the determined using compositional following equation: analysis so that the mass flow rate can be converted to volumetric flow at standard conditions using the following where: equation: where: LFLvg = Lower flammability limit of flare vent NHVvg = Net heating value of flare vent gas, gas, volume percent (vol %). Btu/scf. Flare vent gas means all gas n = Number of components in the vent gas. found just prior to the MPGF. This gas i = Individual component in the vent gas. where: includes all flare waste gas (i.e., gas from ci = Concentration of component i in the vent facility operations that is directed to a gas, vol %. Qvol = Volumetric flow rate, scf per second. Qmass = Mass flow rate, pounds per second. flare for the purpose of disposing of the LFLi = Lower flammability limit of gas), flare sweep gas, flare purge gas and component i as determined using values 385.3 = Conversion factor, scf per pound- flare supplemental gas, but does not published by the U.S. Bureau of Mines mole. include pilot gas. (Zabetakis, 1965), vol %. All inerts, MWt = Molecular weight of the gas at the i = Individual component in flare vent gas. including nitrogen, are assumed to have flow monitoring location, pounds per pound-mole. n = Number of components in flare vent gas. an infinite LFL (e.g., LFLN2 = ∞, so that xi = Concentration of component i in flare cN2/LFLN2 = 0). LFL values for common (iii) Mass flow monitors may be used vent gas, volume fraction. flare vent gas components are provided for determining volumetric flow rate of NHVi = Net heating value of component i in Table 2. total assist steam. Use Equation 5 to determined as the heat of combustion where the net enthalpy per mole of (ii) For all MPGF HP stages at CP convert mass flow rates to volumetric offgas is based on combustion at 25 Chem’s ethylene plant and for all MPGF flow rates. Use a molecular weight of 18 degrees Celsius (°C) and 1 atmosphere HP stages excluding stages 1 and 2 for pounds per pound-mole for total assist (or constant pressure) with water in the CP Chem’s polyethylene plant, LFLvg = steam. gaseous state from values published in LFLcz. (d) The operator shall install, operate, the literature, and then the values (iii) For HP stages 1 and 2 of CP calibrate, and maintain a monitoring converted to a volumetric basis using 20 ° Chem’s polyethlene plant MPGF, LFLcz system capable of continuously C for ‘‘standard temperature.’’ Table 2 shall be calculated using the following measuring (i.e., at least once every 15 summarizes component properties including net heating values. equation: minutes), calculating, and recording the individual component concentrations (ii) For all MPGF HP stages at CP present in the flare vent gas or the Chem’s ethylene plant and for all MPGF owner or operator shall install, operate, HP stages, excluding stage 1 and 2 for calibrate, and maintain a monitoring CP Chem’s polyethylene plant, NHVvg = where: system capable of continuously NHVcz. measuring, calculating, and recording (iii) For HP stages 1 and 2 of CP LFLcz = lower flammability limit of combustion zone gas, vol %. NHVvg (in BTU/scf). Chem’s polyethlene plant MPGF, NHVcz (e) For each measurement produced LFLvg = Lower flammability limit of flare vent shall be calculated using the following by the monitoring system used to equation: gas, vol %. Qvg = Cumulative volumetric flow of flare comply with (1)(d) above, the operator vent gas during the 15-minute block shall determine the 15-minute block period, scf. average as the arithmetic average of all Qs = Cumulative volumetric flow of total measurements made by the monitoring assist steam during the 15-minute block system within the 15-minute period. where: period, scf. (f) The operator must follow the NHVcz = Net heating value of combustion (c) The operator of an MPGF system calibration and maintenance procedures zone gas, Btu/scf. shall install, operate, calibrate, and according to Table 3. Maintenance NHVvg = Net heating value of flare vent gas maintain a monitoring system capable of periods, instrument adjustments, or for the 15-minute block period as determined according to (1)(a)(i) above, continuously measuring the volumetric checks to maintain precision and Btu/scf. flow rate of flare vent gas (Qvg) and the accuracy and zero and span adjustments Qvg = Cumulative volumetric flow of flare volumetric flow rate of total assist steam may not exceed 5 percent of the time the vent gas during the 15-minute block (Qs). flare is receiving regulated material.

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TABLE 2—INDIVIDUAL COMPONENT PROPERTIES

NHVi (British MWi Molecular thermal LFLi Component formula (pounds per units per (volume %) pound-mole) standard cubic foot)

Acetylene ...... C2H2 ...... 26.04 1,404 2.5 Benzene ...... C6H6 ...... 78.11 3,591 1.3 1,2-Butadiene ...... C4H6 ...... 54.09 2,794 2.0 1,3-Butadiene ...... C4H6 ...... 54.09 2,690 2.0 iso-Butane ...... C4H10 ...... 58.12 2,957 1.8 n-Butane ...... C4H10 ...... 58.12 2,968 1.8 cis-Butene ...... C4H8 ...... 56.11 2,830 1.6 iso-Butene ...... C4H8 ...... 56.11 2,928 1.8 trans-Butene ...... C4H8 ...... 56.11 2,826 1.7 Carbon Dioxide ...... CO2 ...... 44.01 0 ∞ Carbon Monoxide ...... CO ...... 28.01 316 12.5 Cyclopropane ...... C3H6 ...... 42.08 2,185 2.4 Ethane ...... C2H6 ...... 30.07 1,595 3.0 Ethylene ...... C2H4 ...... 28.05 1,477 2.7 Hydrogen ...... H2 ...... 2.02 274 4.0 Hydrogen Sulfide ...... H2S ...... 34.08 587 4.0 Methane ...... CH4 ...... 16.04 896 5.0 Methyl-Acetylene ...... C3H4 ...... 40.06 2,088 1.7 Nitrogen ...... N2 ...... 28.01 0 ∞ Oxygen ...... O2 ...... 32.00 0 ∞ Pentane+ (C5+) ...... C5H12 ...... 72.15 3,655 1.4 Propadiene ...... C3H4 ...... 40.06 2,066 2.16 Propane ...... C3H8 ...... 44.10 2,281 2.1 Propylene ...... C3H6 ...... 42.08 2,150 2.4 Water ...... H2O ...... 18.02 0 ∞

TABLE 3—ACCURACY AND CALIBRATION REQUIREMENTS

Parameter Accuracy requirements Calibration requirements

Flare Vent Gas Flow Rate ...... ±20 percent of flow rate at Performance evaluation biennially (every 2 years) and velocities ranging from following any period of more than 24 hours through- 0.1 to 1 foot per second. out which the flow rate exceeded the maximum rated flow rate of the sensor, or the data recorder was off scale. Checks of all mechanical connections for leak- age monthly. Visual inspections and checks of sys- tem operation every 3 months, unless the system has a redundant flow sensor. ±5 percent of flow rate at Select a representative measurement location where velocities greater than 1 swirling flow or abnormal velocity distributions due to foot per second. upstream and downstream disturbances at the point of measurement are minimized. Flow Rate for All Flows Other Than Flare Vent Gas ...... ±5 percent over the normal Conduct a flow sensor calibration check at least bienni- range of flow measured ally (every two years); conduct a calibration check or 1.9 liters per minute following any period of more than 24 hours through- (0.5 gallons per minute), out which the flow rate exceeded the manufacturer’s whichever is greater, for specified maximum rated flow rate or install a new liquid flow. flow sensor. ±5 percent over the normal At least quarterly, inspect all components for leakage, range of flow measured unless the continuous parameter monitoring system or 280 liters per minute has a redundant flow sensor. (10 cubic feet per minute), whichever is greater, for gas flow. ±5 percent over the normal Record the results of each calibration check and in- range measured for mass spection. Locate the flow sensor(s) and other nec- flow. essary equipment (such as straightening vanes) in a position that provides representative flow; reduce swirling flow or abnormal velocity distributions due to upstream and downstream disturbances. Pressure ...... ±5 percent over the normal Review pressure sensor readings at least once a week range measured or 0.12 for straight-line (unchanging) pressure and perform kilopascals (0.5 inches of corrective action to ensure proper pressure sensor water column), whichever operation if blockage is indicated. is greater.

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TABLE 3—ACCURACY AND CALIBRATION REQUIREMENTS—Continued

Parameter Accuracy requirements Calibration requirements

Performance evaluation annually and following any pe- riod of more than 24 hours throughout which the pressure exceeded the maximum rated pressure of the sensor, or the data recorder was off scale. Checks of all mechanical connections for leakage monthly. Visual inspection of all components for in- tegrity, oxidation and galvanic corrosion every 3 months, unless the system has a redundant pressure sensor. Select a representative measurement location that mini- mizes or eliminates pulsating pressure, vibration, and internal and external corrosion. Net Heating Value by Calorimeter ...... ±2 percent of span ...... Calibration requirements should follow manufacturer’s recommendations at a minimum. Temperature control (heated and/or cooled as nec- essary) the sampling system to ensure proper year- round operation. Where feasible, select a sampling location at least 2 equivalent diameters downstream from and 0.5 equivalent diameters upstream from the nearest dis- turbance. Select the sampling location at least 2 equivalent duct diameters from the nearest control device, point of pollutant generation, air in-leakages, or other point at which a change in the pollutant con- centration or emission rate occurs. Net Heating Value by Gas Chromatograph ...... As specified in Perform- Follow the procedure in PS 9 of 40 CFR part 60, ap- ance Specification (PS) 9 pendix B, except that a single daily mid-level calibra- of 40 CFR part 60, ap- tion check can be used (rather than triplicate anal- pendix B. ysis), the multi-point calibration can be conducted quarterly (rather than monthly), and the sampling line temperature must be maintained at a minimum tem- perature of 60 °C (rather than 120 °C).

(2) The MPGF system shall be continuously recording (i.e., at least one (a) All data must be recorded and operated with a flame present at all frame every 15 seconds with time and maintained for a minimum of 3 years or times when in use. Each burner on HP date stamps) images of the flare flame for as long as required under applicable stages 1 and 2 of CP Chem’s and a reasonable distance above the rule subpart(s), whichever is longer. polyethylene plant MPGF must have a flare flame at an angle suitable for (6) Reporting Requirements pilot with a continuously lit pilot flame. visible emissions observations must be (a) The information specified in Additionally, each HP stage of CP used to demonstrate compliance with section III (6)(b) and (c) below must be Chem’s ethylene plant MPGF and all HP this requirement. The owner or operator reported in the timeline specified by the stages excluding stages 1 and 2 for CP must provide real-time video applicable rule subpart(s) for which the Chem’s polyethylene plant MPGF must surveillance camera output to the MPGF will control emissions. have at least two pilots with a control room or other continuously (b) Owners or operators shall include continuously lit pilot flame. Each pilot manned location where the video the following information in their initial flame must be continuously monitored camera images may be viewed at any Notification of Compliance status by a thermocouple or any other time. report: equivalent device used to detect the (4) The operator of an MPGF system (i) Specify flare design as a pressure- presence of a flame. The time, date, and shall install and operate pressure assisted MPGF. CP Chem’s polyethylene duration of any complete loss of pilot monitor(s) on the main flare header, as plant shall also clearly note that HP flame on any of the individual MPGF well as a valve position indicator stages 1 and 2 are also steam-assisted. burners on HP stages 1 and 2 of CP monitoring system capable of (ii) All visible emission readings, Chem’s polyethylene plant MPGF, on monitoring and recording the position NHVcz and/or LFLcz determinations, and any of the HP stages of CP Chem’s for each staging valve to ensure that the flow rate measurements. For MPGF, exit ethylene plant MPGF and on any of the MPGF operates within the range of velocity determinations do not need to HP stages excluding stages 1 and 2 of CP tested conditions or within the range of be reported as the maximum permitted Chem’s polyethylene plant MPGF must the manufacturer’s specifications. The velocity requirements in the General be recorded. Each monitoring device pressure monitor shall meet the Provisions at 40 CFR 60.18(b) and 40 must be maintained or replaced at a requirements in Table 3. Maintenance CFR 63.11(b) are not applicable. frequency in accordance with the periods, instrument adjustments or (iii) All periods during the manufacturer’s specifications. checks to maintain precision and compliance determination when a (3) The MPGF system shall be accuracy, and zero and span complete loss of pilot flame on any stage operated with no visible emissions adjustments may not exceed 5 percent of MPGF burners occurs, and, for HP except for periods not to exceed a total of the time the flare is receiving stages 1 and 2 of CP Chem’s of 5 minutes during any 2 consecutive regulated material. polyethylene plant MPGF, all periods hours. A video camera that is capable of (5) Recordkeeping Requirements during the compliance determination

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when a complete loss of pilot flame on not be in operation and is or when a General Counsel, at (202) 595–7577, an individual burner occurs. stage of the MPGF should be in Appraisal Subcommittee, 1401 H Street (iv) All periods during the compliance operation and is not. Indicate the date NW., Suite 760, Washington, DC 20005. determination when the pressure and time for each period, whether the Dated: March 29, 2017. monitor(s) on the main flare header stage was supposed to be open, but was Arthur Lindo, show the MPGF burners operating closed or vice versa, and the stage(s) and Chairman. outside the range of tested conditions or number of MPGF burners affected. outside the range of the manufacturer’s [FR Doc. 2017–06596 Filed 4–3–17; 8:45 am] specifications. IV. Request for Comments BILLING CODE P (v) All periods during the compliance We solicit comments on all aspects of determination when the staging valve CP Chem’s request for approval of an position indicator monitoring system AMEL for the standards specified in FEDERAL RESERVE SYSTEM indicates a stage of the MPGF should Table 1. We specifically seek comment [Docket No. OP–1561] not be in operation and is or when a regarding whether or not the alternative stage of the MPGF should be in operating requirements listed in section Solicitation of Applications for operation and is not. III above will achieve emission Membership on the Community (c) The owner or operator shall notify reductions at least equivalent to the Advisory Council the Administrator of periods of excess provisions in the NSPS and NESHAP emissions in their Periodic Reports. presented in Table 1 that require flares AGENCY: Board of Governors of the These periods of excess emissions shall to meet the requirements in 40 CFR Federal Reserve System, Federal include: 63.11(b) and 40 CFR 60.18(b). Reserve System. (i) Records of each 15-minute block ACTION: Notice. for all HP stages of CP Chem’s ethylene Dated: March 14, 2017. plant MPGF and for all HP stages Stephen Page, SUMMARY: The Board of Governors of the excluding stages 1 and 2 of CP Chem’s Director, Office of Air Quality Planning and Federal Reserve System (Board) polyethylene plant MPGF during which Standards. established the Community Advisory there was at least 1 minute when [FR Doc. 2017–06597 Filed 4–3–17; 8:45 am] Council (the ‘‘CAC’’) as an advisory regulated material was routed to the BILLING CODE 6560–50–P committee to the Board on issues MPGF and a complete loss of pilot flame affecting consumers and communities. on a stage of burners occurred, and, for This Notice advises individuals who HP stages 1 and 2 of CP Chem’s FEDERAL FINANCIAL INSTITUTIONS wish to serve as CAC members of the polyethylene plant MPGF, records of EXAMINATION COUNCIL opportunity to be considered for the each 15-minute block during which CAC. [Docket No. AS17–03] there was at least 1 minute when DATES: Applications received on or regulated material was routed to the Appraisal Subcommittee; Proposed before June 5, 2017, 11:59 p.m. Eastern MPGF and a complete loss of pilot flame Revised Policy Statements Standard Time will be considered for on an individual burner occurred. selection to the CAC for terms beginning (ii) Records of visible emissions AGENCY: Appraisal Subcommittee of the January 1, 2018. events (including the time and date Federal Financial Institutions ADDRESSES: Individuals who are stamp) that exceed more than 5 minutes Examination Council. interested in being considered for the in any 2-hour consecutive period. ACTION: Suspension of comment period. (iii) Records of each 15-minute block CAC may submit an application via the Board’s Web site or via email. The period for which an applicable SUMMARY: The Appraisal Subcommittee application can be accessed at https:// combustion zone operating limit (i.e., of the Federal Financial Institutions www.federalreserve.gov/secure/CAC/ NHVcz or LFLcz) is not met for the MPGF Examination Council (ASC) is Application/. Emailed submissions can when regulated material is being suspending the public comment period be sent to [email protected]. The combusted in the flare. Indicate the date for the Proposed Revised Policy information required for consideration and time for each period, the NHVcz Statements effective April 4, 2017. The is described below. and/or LFLcz operating parameter for the ASC published the Proposed Revised If electronic submission is not period and the type of monitoring Policy Statements on January 10, 2017, feasible, submissions may be mailed to system used to determine compliance under Docket Number AS17–01. The the Board of Governors of the Federal with the operating parameters (e.g., gas comment period was scheduled to close Reserve System, Attn: Community chromatograph or calorimeter). For CP on April 10, 2017. The suspension of Advisory Council, Mail Stop N–805, Chem’s polyethylene plant MPGF, also the comment period will allow the 20th Street and Constitution Ave. NW., indicate which HP stages were in use. President’s appointees the opportunity Washington, DC 20551. (iv) Records of when the pressure to review and consider this action. FOR FURTHER INFORMATION CONTACT: monitor(s) on the main flare header DATES: The comment period is show the MPGF burners are operating Jennifer Fernandez, Community indefinitely suspended effective April 4, Development Analyst, Division of outside the range of tested conditions or 2017. outside the range of the manufacturer’s Consumer and Community Affairs, ADDRESSES: For access to the docket to specifications. Indicate the date and Board of Governors of the Federal read background documents and time for each period, the pressure Reserve System, 20th Street and comments received, go to https:// measurement, the stage(s) and number Constitution Ave. NW., Washington, DC www.regulations.gov and follow the of MPGF burners affected, and the range 20551, or (202) 912–4386, or CCA-CAC@ online instructions for accessing the of tested conditions or manufacturer’s frb.gov. Telecommunications Device for docket. specifications. the Deaf (TDD) users may contact (202) (v) Records of when the staging valve FOR FURTHER INFORMATION CONTACT: 263–4869. position indicator monitoring system James R. Park, Executive Director, at SUPPLEMENTARY INFORMATION: The Board indicates a stage of the MPGF should (202) 595–7575, or Alice M. Ritter, created the Community Advisory

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Council (CAC) as an advisory committee Application Æ Consumer protection Æ Economic and small business to the Board on issues affecting Candidates may submit applications consumers and communities. The CAC development by one of three options: Æ is composed of a diverse group of Labor and workforce development • Online: Complete the application Æ experts and representatives of consumer Financial technology form on the Board’s Web site at https:// Æ Household wealth building and and community development www.federalreserve.gov/secure/CAC/ financial stability organizations and interests, including Application/. Æ Housing and mortgage finance from such fields as affordable housing, • Email: Submit all required Æ Rural issues community and economic development, information to [email protected]. Æ Other (please specify) labor and workforce development, • Postal Mail: If electronic • Resume * financial technology, small business, submission is not feasible, submissions Æ The resume should include and asset and wealth building. CAC may be mailed to the Board of information about past and present members meet semiannually with the Governors of the Federal Reserve positions you have held, dates of members of the Board in Washington, System, Attn: Community Advisory service for each, and a description of DC to provide a range of perspectives on Council, Mail Stop N–805, 20th Street responsibilities. the economic circumstances and and Constitution Ave. NW., • Cover Letter * financial services needs of consumers Washington, DC 20551. Æ The cover letter should explain why and communities, with a particular Below are the application fields. you are interested in serving on the focus on the concerns of low- and Asterisks (*) indicate required fields. CAC as well as what you believe are moderate-income consumers and • Full Name * your primary qualifications. • Email Address * • Additional Information communities. The CAC complements Æ two of the Board’s other advisory • Phone Number * At your option, you may also provide councils—the Community Depository • Postal Mail Street Address * additional information about your • Institutions Advisory Council (CDIAC) Postal Mail City * qualifications. • and the Federal Advisory Council Postal Zip Code * • Qualifications (FAC)—whose members represent Organization * • The Board is interested in candidates depository institutions. Title * • Organization Type (select one) * with knowledge of fields such as The CAC serves as a mechanism to Æ For Profit affordable housing, community and gather feedback and perspectives on a D Community Development Financial economic development, labor and wide range of policy matters and Institution (CDFI) workforce development, financial emerging issues of interest to the Board D Non-CDFI Financial Institution technology, small business, and asset of Governors and aligns with the D Financial Services and wealth building, with a particular Federal Reserve’s mission and current D Professional Services focus on the concerns of low- and responsibilities. These responsibilities D Other moderate-income consumers and include, but are not limited to, banking Æ Non-Profit communities. Candidates do not have to supervision and regulatory compliance D Advocacy be experts on all topics related to (including the enforcement of consumer D Association consumer financial services or protection laws), systemic risk oversight D Community Development Financial community development, but they and monetary policy decision-making, Institution (CDFI) should possess some basic knowledge of and, in conjunction with the Office of D Educational Institution these areas and related issues. In the Comptroller of the Currency (OCC) D Foundation appointing members to the CAC, the and Federal Deposit Insurance D Service Provider Board will consider a number of factors, Corporation (FDIC), responsibility for D Think Tank/Policy Organization including diversity in terms of subject implementation of the Community D Other matter expertise, geographic Reinvestment Act (CRA). Æ Government representation, and the representation of • women and minority groups. This Notice advises individuals of the Primary Area of Expertise (select one) * CAC members must be willing and opportunity to be considered for Æ able to make the necessary time appointment to the CAC. To assist with Civil rights Æ Community development finance commitment to participate in the selection of CAC members, the Æ organizational conference calls and Board will consider the information Community reinvestment and stabilization prepare for and attend meetings two submitted by the candidate along with Æ Consumer protection times per year (usually for two days). other publicly available information that Æ Economic and small business The meetings will be held at the Board’s it independently obtains. development offices in Washington, DC The Board Council Size and Terms Æ Labor and workforce development will provide a nominal honorarium and Æ Financial technology will reimburse CAC members only for The CAC consists of at least 15 Æ Household wealth building and their actual travel expenses subject to members. The Board will select four financial stability Board policy. members in the fall of 2017 to replace Æ Housing and mortgage finance By order of the Board of Governors of the current members whose terms will Æ Rural issues Federal Reserve System, acting through the expire on December 31, 2017. The Æ Other (please specify) Director of the Division of Consumer and newly appointed members will serve • Secondary Area of Expertise (select Community Affairs under delegated three-year terms that will begin on one) authority, March 22, 2017. January 1, 2018. If a member vacates the Æ Civil rights Robert deV. Frierson, CAC before the end of the three-year Æ Community development finance Secretary of the Board. term, a replacement member will be Æ Community reinvestment and [FR Doc. 2017–06021 Filed 4–3–17; 8:45 am] appointed to fill the unexpired term. stabilization BILLING CODE 6210–01–P

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FEDERAL TRADE COMMISSION consent agreement containing consent 4.9(c).1 Your comment will be kept orders to cease and desist, having been confidential only if the FTC General [File No. 151 0204] filed with and accepted, subject to final Counsel, in his or her sole discretion, DaVita, Inc., RV Management Corp., approval, by the Commission, has been grants your request in accordance with Renal Ventures Partners, LLC, Renal placed on the public record for a period the law and the public interest. Ventures Limited, LLC, and Renal of thirty (30) days. The following Postal mail addressed to the Ventures Management, LLC; Analysis Analysis to Aid Public Comment Commission is subject to delay due to To Aid Public Comment describes the terms of the consent heightened security screening. As a agreement, and the allegations in the result, we encourage you to submit your AGENCY: Federal Trade Commission. complaint. An electronic copy of the comments online. To make sure that the ACTION: Proposed consent agreement. full text of the consent agreement Commission considers your online package can be obtained from the FTC comment, you must file it at https:// SUMMARY: The consent agreement in this Home Page (for March 28, 2017), on the ftcpublic.commentworks.com/ftc/ matter settles alleged violations of World Wide Web, at http://www.ftc.gov/ davitarenalconsent by following the federal law prohibiting unfair methods os/actions.shtm. instructions on the web-based form. If of competition. The attached Analysis to You can file a comment online or on this Notice appears at http:// Aid Public Comment describes both the paper. For the Commission to consider www.regulations.gov/#!home, you also allegations in the complaint and the your comment, we must receive it on or may file a comment through that Web terms of the consent order—embodied before April 27, 2017. Write ‘‘In the site. in the consent agreement—that would Matter of DaVita, Inc., RV Management If you file your comment on paper, settle these allegations. Corp., Renal Ventures Partners, LLC, write ‘‘In the Matter of DaVita, Inc., RV DATES: Comments must be received on Renal Ventures Limited, LLC, and Renal Management Corp., Renal Ventures or before April 27, 2017. Ventures Management, LLC., File No. Partners, LLC, Renal Ventures Limited, ADDRESSES: Interested parties may file a 151–0204’’ on your comment. Your LLC, and Renal Ventures Management, comment at https:// comment—including your name and LLC., File No. 151–0204’’ on your ftcpublic.commentworks.com/ftc/ your state—will be placed on the public comment and on the envelope, and mail davitarenalconsent online or on paper, record of this proceeding, including, to your comment to the following address: by following the instructions in the the extent practicable, on the public Federal Trade Commission, Office of the Request for Comment part of the Commission Web site, at https:// Secretary, 600 Pennsylvania Avenue NW., Suite CC–5610 (Annex D), SUPPLEMENTARY INFORMATION section www.ftc.gov/policy/public-comments. below. Write ‘‘In the Matter of DaVita, As a matter of discretion, the Washington, DC 20580, or deliver your Inc., RV Management Corp., Renal Commission tries to remove individuals’ comment to the following address: Federal Trade Commission, Office of the Ventures Partners, LLC, Renal Ventures home contact information from Secretary, Constitution Center, 400 7th Limited, LLC, and Renal Ventures comments before placing them on the Street SW., 5th Floor, Suite 5610 Management, LLC., File No. 151–0204’’ Commission Web site. (Annex D), Washington, DC. If possible, on your comment and file your Because your comment will be made submit your paper comment to the comment online at https:// public, you are solely responsible for Commission by courier or overnight ftcpublic.commentworks.com/ftc/ making sure that your comment does service. davitarenalconsent by following the not include any sensitive personal Visit the Commission Web site at instructions on the web-based form. If information, like anyone’s Social http://www.ftc.gov to read this Notice you prefer to file your comment on Security number, date of birth, driver’s and the news release describing it. The paper, write ‘‘In the Matter of DaVita, license number or other state FTC Act and other laws that the Inc., RV Management Corp., Renal identification number or foreign country Commission administers permit the Ventures Partners, LLC, Renal Ventures equivalent, passport number, financial collection of public comments to Limited, LLC, and Renal Ventures account number, or credit or debit card consider and use in this proceeding as Management, LLC., File No. 151–0204’’ number. You are also solely responsible appropriate. The Commission will on your comment and on the envelope, for making sure that your comment does consider all timely and responsive and mail your comment to the following not include any sensitive health public comments that it receives on or address: Federal Trade Commission, information, like medical records or before April 27, 2017. You can find Office of the Secretary, 600 other individually identifiable health more information, including routine Pennsylvania Avenue NW., Suite CC– information. In addition, do not include uses permitted by the Privacy Act, in 5610 (Annex D), Washington, DC 20580, any ‘‘[t]rade secret or any commercial or the Commission’s privacy policy, at or deliver your comment to the financial information which . . . is http://www.ftc.gov/ftc/privacy.htm. following address: Federal Trade privileged or confidential,’’ as discussed Commission, Office of the Secretary, in Section 6(f) of the FTC Act, 15 U.S.C. Analysis of Agreement Containing Constitution Center, 400 7th Street SW., 46(f), and FTC Rule 4.10(a)(2), 16 CFR Consent Order To Aid Public Comment 5th Floor, Suite 5610 (Annex D), 4.10(a)(2). In particular, do not include The Federal Trade Commission Washington, DC 20024. competitively sensitive information (‘‘Commission’’) has accepted, subject to FOR FURTHER INFORMATION CONTACT: Lisa such as costs, sales statistics, final approval, an Agreement DeMarchi Sleigh (202–326–2535), inventories, formulas, patterns, devices, Containing Consent Order (‘‘Consent Bureau of Competition, 600 manufacturing processes, or customer Agreement’’) from DaVita, Inc. Pennsylvania Avenue NW., Washington, names. (‘‘DaVita’’). The purpose of the Consent DC 20580. If you want the Commission to give SUPPLEMENTARY INFORMATION: Pursuant your comment confidential treatment, 1 In particular, the written request for confidential to Section 6(f) of the Federal Trade you must file it in paper form, with a treatment that accompanies the comment must request for confidential treatment, and include the factual and legal basis for the request, Commission Act, 15 U.S.C. 46(f), and and must identify the specific portions of the FTC Rule 2.34, 16 CFR 2.34, notice is you have to follow the procedure comment to be withheld from the public record. See hereby given that the above-captioned explained in FTC Rule 4.9(c), 16 CFR FTC Rule 4.9(c), 16 CFR 4.9(c).

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Agreement is to remedy the assess the effects of the proposed likely anticompetitive effects of the anticompetitive effects resulting from transaction. For patients suffering from proposed transaction. By law, each DaVita’s purchase of Renal Ventures ESRD, dialysis treatments are a life- dialysis clinic must have a nephrologist Management, LLC from Renal Ventures sustaining therapy that replaces the medical director, and most dialysis Limited, LLC, which is owned by RV function of the kidneys by removing clinics have long-term (seven to ten Management Corp. and Renal Ventures toxins and excess fluid from the blood. year) contracts with nephrologist Partners, LLC (together, ‘‘Renal Kidney transplantation is the only medical directors, that also include non- Ventures’’). Under the terms of the alternative to dialysis for ESRD patients. competes. As a practical matter, medical Consent Agreement, DaVita is required However, the wait-time for donor directors also serve as the primary to divest seven dialysis clinics in seven kidneys—during which ESRD patients source of referrals and are essential to a markets across the United States. must receive dialysis treatments—can clinic’s success. The relative shortage The Consent Agreement has been exceed five years. Additionally, many and lack of available nephrologists, placed on the public record for 30 days ESRD patients are not viable transplant particularly those with an established to solicit comments from interested candidates. As a result, ESRD patients referral stream, is a significant barrier to persons. Comments received during this have no alternative to dialysis entry into each of the relevant markets. period will become part of the public treatments. Unless hospitalized, ESRD These obstacles make entry in the record. After 30 days, the Commission patients must obtain dialysis treatments affected markets more challenging and will again review the Consent from outpatient dialysis clinics. less likely to avert the anticompetitive Agreement and the comments received, Because most ESRD patients receive effects of the transaction. outpatient dialysis treatment three times and will decide whether it should The Consent Agreement withdraw from the Consent Agreement, per week in sessions lasting between modify it, or make final the Decision three and five hours the relevant The Consent Agreement remedies the and Order (‘‘Order’’). geographic markets are local and limited proposed acquisition’s anticompetitive by the travel distance from patients’ effects in seven markets where both The Transaction homes. ESRD patients are often very ill DaVita and Renal Ventures operate Pursuant to an agreement dated and suffer from multiple health dialysis clinics by requiring DaVita to August 17, 2015, DaVita proposes to problems, making travel further than divest seven outpatient dialysis clinics acquire all issued and outstanding thirty miles or thirty minutes very to PDA–GMF Holdco LLP, a joint equity interests in Renal Ventures in a difficult. As a result, competition among venture between Physicians Dialysis transaction valued at approximately dialysis clinics occurs at a local level, and GMF Capital LLC (‘‘PDA’’). $358 million. The Commission’s corresponding to metropolitan areas or Physicians Dialysis has been in business Complaint alleges that the proposed subsets thereof. The exact contours of since 1990 and currently operates acquisition, if consummated, would each market vary depending on traffic several outpatient dialysis clinics. The violate Section 7 of the Clayton Act, as patterns, local geography, and the Commission is satisfied that PDA is a amended, 15 U.S.C. 18, and Section 5 of patients’ proximity to the nearest center. qualified acquirer of the divested assets. As part of the divestitures, DaVita is the Federal Trade Commission Act, as Competitive Effects of the Acquisition amended, 15 U.S.C. 45, by substantially required to obtain the agreement of the lessening competition for the provision Each of the seven geographic markets medical director affiliated with each of outpatient dialysis services in seven identified in the Complaint is highly divested clinic to continue providing markets. concentrated. In each of the affected physician services after the transfer of markets, the proposed acquisition ownership to the buyer. Similarly, the The Respondents would cause the number of providers to Consent Agreement requires DaVita to Headquartered in Denver, Colorado, drop from three to two or cause a merger obtain the consent of all lessors DaVita is the second-largest provider of to monopoly, and the post-acquisition necessary to assign the leases for the outpatient dialysis services in the HHI levels to exceed 5,000, and in the real property associated with the United States. DaVita operates or three-to-two provider markets, changes divested clinics to the buyer. These manages 2,251 outpatient dialysis in their HHIs greater than 200. The high provisions ensure that the buyer will clinics in forty-six states and the District post-acquisition concentration levels, have the assets necessary to operate the of Columbia at which approximately along with the elimination of the head- divested clinics in a competitive 180,000 end stage renal disease to-head competition between DaVita manner. (‘‘ESRD’’) patients receive treatment. In and Renal Ventures, suggest the The Consent Agreement contains 2015, DaVita’s revenues were proposed combination likely would several additional provisions designed approximately $13.8 billion. result in higher prices for outpatient to help ensure the continued Renal Ventures, headquartered in dialysis services in each geographic competitiveness of the divested clinics. Lakewood, Colorado, is a privately held market. In addition, market participants First, the Consent Agreement provides company and the seventh-largest compete for patients on a number of the buyer with the opportunity to provider of outpatient dialysis services quality measures—including quality of interview and hire employees affiliated in the United States. Renal Ventures facilities, wait times, operating hours, with the divested clinics and prevents operates thirty-six dialysis centers, and location. The proposed combination DaVita from offering these employees providing dialysis services to likely also would result in diminished incentives to decline the buyer’s offer of approximately 2,300 patients in six service and quality for patients in each employment. This helps ensure the states. In 2015, Renal Ventures’ market. buyer has access to patient care and revenues were approximately $161 supervisory staff familiar with the Entry million. clinics’ patients and the local Entry into the outpatient dialysis physicians. Second, the Consent The Relevant Product and Structure of services markets identified in the Agreement prevents DaVita from the Markets Commission’s Complaint is not likely to contracting with the medical directors Outpatient dialysis services is the occur in a timely manner at a level affiliated with the divested clinics for relevant product market in which to sufficient to deter or counteract the three years, to prevent DaVita from

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potentially limiting the competitiveness Relief (PEPFAR); GH17–003, (OMB) for review and approval in of the divested clinics. Third, to ensure Conducting Public Health Research in accordance with the Paperwork continuity of patient care and records as South Africa; and GH17–004, Reduction Act of 1995. The notice for the buyer implements its quality care, Conducting Public Health Research the proposed information collection is billing, and supply systems, the Consent Activities in Egypt. published to obtain comments from the Agreement requires DaVita to provide Times and Dates: 9:00 a.m.–2:00 p.m., public and affected agencies. transition services for a period up to EDT, April 25, 2017 (Closed), 9:00 a.m.– Written comments and suggestions twenty-four months. Firewalls and 2:00 p.m., EDT, April 26, 2017 (Closed). from the public and affected agencies confidentiality agreements will prevent Place: Teleconference. concerning the proposed collection of the exchange of competitively sensitive Status: The meeting will be closed to information are encouraged. Your information. Fourth, the Consent the public in accordance with comments should address any of the Agreement requires DaVita to provide provisions set forth in Section following: (a) Evaluate whether the the buyer with a license to Renal 552b(c)(4) and (6), Title 5 U.S.C., and proposed collection of information is Ventures’ policies, procedures, and the Determination of the Director, necessary for the proper performance of medical protocols, as well as the option Management Analysis and Services the functions of the agency, including to obtain and use DaVita’s medical Office, CDC, pursuant to Public Law 92– whether the information will have protocols, policies, and procedures, to 463. practical utility; (b) Evaluate the help with continuity of care for the Matters for Discussion: The meeting accuracy of the agencies estimate of the divested clinics’ patients. will include the initial review, burden of the proposed collection of The Consent Agreement requires discussion, and evaluation of information, including the validity of DaVita to provide notice to the applications received in response to the methodology and assumptions used; Commission prior to any acquisitions of ‘‘Program Development and Research to (c) Enhance the quality, utility, and dialysis clinics in the markets addressed Establish and Evaluate Innovative and clarity of the information to be by the Consent Agreement to ensure that Emerging Best Practices in Clinical and collected; (d) Minimize the burden of subsequent acquisitions do not Community Services through the the collection of information on those adversely impact competition in those President’s Emergency Plan for AIDS who are to respond, including through markets or undermine the remedial Relief (PEPFAR), FOA GH17–002; the use of appropriate automated, goals of the proposed order. Finally, the ‘‘Conducting Public Health Research in electronic, mechanical, or other Consent Agreement allows the South Africa’’, FOA GH17–003,; and technological collection techniques or Commission to appoint a monitor to ‘‘Conducting Public Health Research other forms of information technology, oversee DaVita’s compliance with the Activities in Egypt’’, FOA GH17–004. e.g., permitting electronic submission of Consent Agreement. Contact Person for More Information: responses; and (e) Assess information The purpose of this analysis is to Hylan Shoob, Scientific Review Officer, collection costs. facilitate public comment on the Center for Global Health (CGH) Science To request additional information on Consent Agreement, and it is not Office, CGH, CDC, 1600 Clifton Road, the proposed project or to obtain a copy intended to constitute an official NE., Mailstop D–69, Atlanta, Georgia of the information collection plan and interpretation of the proposed Decision 30033, Telephone: (404) 639–4796. instruments, call (404) 639–7570 or and Order, or to modify its terms in any The Director, Management Analysis send an email to [email protected]. Written way. and Services Office, has been delegated comments and/or suggestions regarding By direction of the Commission. the authority to sign Federal Register the items contained in this notice Donald S. Clark, notices pertaining to announcements of should be directed to the Attention: Secretary. meetings and other committee CDC Desk Officer, Office of Management and Budget, Washington, DC 20503 or [FR Doc. 2017–06556 Filed 4–3–17; 8:45 am] management activities, for both the by fax to (202) 395–5806. Written BILLING CODE 6750–01–P Centers for Disease Control and Prevention and the Agency for Toxic comments should be received within 30 Substances and Disease Registry. days of this notice. DEPARTMENT OF HEALTH AND Elaine L. Baker, Proposed Project HUMAN SERVICES Director, Management Analysis and Services Mobile Messaging Intervention to Present New HIV Prevention Options for Centers for Disease Control and Office Centers for Disease Control and Prevention. Men Who have Sex with Men (MSM) Prevention [FR Doc. 2017–06537 Filed 4–3–17; 8:45 am] Study—New—National Center for HIV/ Disease, Disability, and Injury BILLING CODE 4163–18–P AIDS, Viral Hepatitis, STD, and TB Prevention and Control Special Prevention (NCHHSTP), Centers for Emphasis Panel (SEP): Initial Review Disease Control and Prevention (CDC). DEPARTMENT OF HEALTH AND Background and Brief Description In accordance with Section 10(a)(2) of HUMAN SERVICES the Federal Advisory Committee Act Public health approaches to HIV (Pub. L. 92–463), the Centers for Disease Centers for Disease Control and prevention and control are increasingly Control and Prevention (CDC) Prevention complex for men who have sex with announces a meeting for the initial men (MSM), a population with a review of applications in response to [30Day–17–17AX] disproportionately high burden of HIV Funding Opportunity Announcement Agency Forms Undergoing Paperwork infection. In addition to the established (FOA) GH17–002, Program Reduction Act Review biomedical treatments for HIV-positive Development and Research to Establish MSM, and behavioral strategies to and Evaluate Innovative and Emerging The Centers for Disease Control and reduce the risk of transmitting or Best Practices in Clinical and Prevention (CDC) has submitted the contracting HIV, current Community Services through the following information collection request recommendations incorporate the President’s Emergency Plan for AIDS to the Office of Management and Budget breakthrough biomedical risk reduction

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strategy of pre-exposure prophylaxis The study population will include changes in condom use behavior, (PrEP) for HIV-negative MSM who are at 1,206 adult MSM living in Atlanta, GA, number of sex partners, HIV testing, high risk of contracting HIV. For Detroit, MI and New York City, NY. sexually transmitted disease (STD) maximum efficacy, health These study sites were selected not only testing, health care engagement, pre- communications about HIV prevention because they have high rates of HIV, but exposure prophylaxis uptake and and control should be delivered to MSM also because significant disparities in adherence, and antiretroviral therapy according to their HIV serostatus and HIV among men who have sex with men uptake and adherence following risk category. (MSM) have been observed by race/ completion of the intervention. The National Center for HIV/AIDS, ethnicity and age. Study participants Participants will complete the Viral Hepatitis, STD and TB Prevention will be sexually active MSM at least 18 assessment in-person at baseline and 9- is requesting approval to evaluate the years in age who own and use and months, using a computer in a private efficacy of a smartphone-based HIV Android and iOS smartphone. Study location, and remotely via their personal prevention intervention for MSM, participants will be stratified by risk computer or tablet device at the 3- known as M3(M-Cubed) that has been category: HIV positive (one third) and month and 6-month follow-ups. The designed to deliver targeted messages in HIV negative (one third each: same information will be collected from six intervention domains: HIV testing, condomless anal sex in past three all participants. The burden per sexually transmitted infection (STI) months; no condomless anal sex past response for each assessment is 1.5 testing, PrEP, antiretroviral (ARV) three months). Across the three sites, we hours. treatment, Condoms, and Engagement in will ensure that at least 40% of It is expected that 50% of men Care. The smartphone and tablet participants are people of color (non- screened will meet study eligibility and application includes 36 core messages white or Hispanic) by quota sampling. provide contact information, that 75 and 12 videos that were developed Participants will be recruited to the percent will schedule and show up for based on CDC-sponsored iterative study through a combination of an in-person appointment, and that 95 formative research (OMB No. 0920– approaches, including online percent of these men will remain 0840) and a review of HIV health advertisement, traditional print eligible after reverification. We expect communications literature. Messages advertisement, referral, in-person the initial screening to take will be delivered to each participant’s outreach, and through word of mouth. approximately four minutes to device. The proposed study will assess Participants will be randomly assigned complete, that providing contact whether exposure to the message- to an intervention group or a waitlist information will take 1 minute, and the delivery platform results in control group. The control group will rescreening prior to study enrollment to improvements in participants’ self- receive the intervention after the study take another four minutes. reported sexual health and HIV has been completed. OMB approval is requested for two prevention behaviors, beliefs and A quantitative assessment years. Participation is voluntary and attitudes. Information will be collected questionnaire will be administered there are no costs to the respondents at baseline and 3-month, 6-month, and online at four points in time. The other than their time. The total 9-month follow-ups. assessment will be used to measure estimated annual burden is 3,787 hours.

ESTIMATED ANNUALIZED BURDEN HOURS

Number of Average Number of responses burden per Type of respondent Form name respondents per response respondent (in hours)

Men ≥ 18 Years of Age Who Have Sex With Participant Screening (Eligibility) ...... 1,693 1 4/60 Men. Contact Information Form ...... 847 1 1/60 Participant Screening (Verification) ...... 635 1 4/60 Assessment ...... 603 4 1.5

Leroy A. Richardson, DEPARTMENT OF HEALTH AND Geographic Disparities in Diabetes and Chief, Information Collection Review Office, HUMAN SERVICES Cardiometabolic Health. Office of Scientific Integrity, Office of the Times and Dates: Associate Director for Science, Office of the Centers for Disease Control and 10:00 a.m.–6:00 p.m., EDT, April 25, Director, Centers for Disease Control and Prevention 2017 (Closed) Prevention. 10:00 a.m.–6:00 p.m., EDT, April 26, [FR Doc. 2017–06577 Filed 4–3–17; 8:45 am] Disease, Disability, and Injury Prevention and Control Special 2017 (Closed) BILLING CODE 4163–18–P Emphasis Panel (SEP): Initial Review Place: Teleconference. Status: The meeting will be closed to In accordance with Section 10(a)(2) of the public in accordance with the Federal Advisory Committee Act provisions set forth in Section 552b(c) (Pub. L. 92–463), the Centers for Disease (4) and (6), Title 5 U.S.C., and the Control and Prevention (CDC) Determination of the Director, announces a meeting for the initial Management Analysis and Services review of applications in response to Office, CDC, pursuant to Public Law 92– Funding Opportunity Announcement 463. (FOA) DP17–001, Community Matters for Discussion: The meeting Characteristics Associated with will include the initial review,

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discussion, and evaluation of Name of Committee: National Institute on DATES: Only written comments and/or applications received in response to Aging Initial Review Group, Neuroscience of applications for a license which are ‘‘Community Characteristics Associated Aging Review Committee, received by the NHLBI Office of with Geographic Disparities in Diabetes Date: June 1–2, 2017. Technology Transfer and Development Time: 2:00 p.m. to 2:00 p.m. and Cardiometabolic Health’’, DP17– Agenda: To review and evaluate grant on or before April 19, 2017 will be 001. applications. considered. Contact Person for More Information: Place: Torrance Marriott Redondo Beach, ADDRESSES: Requests for copies of the Jaya Raman Ph.D., Scientific Review 3635 Fashion Way, Torrance, CA 90503. patent application, inquiries, and Officer, CDC, 4770 Buford Highway, Contact Person: Jeannette L. Johnson, comments relating to the contemplated Ph.D., Deputy Review Branch Chief, National Mailstop F80, Atlanta, Georgia 30341, Institutes of Health, National Institute on exclusive license should be directed to: Telephone: (770) 488–6511, kva5@ Aging, Gateway Building, Bethesda, MD Cristina Thalhammer-Reyero, Ph.D., cdc.gov. 20892, 301–402–7705, johnsonj9@ MBA, Senior Licensing and Patenting The Director, Management Analysis nia.nih.gov. Manager, NHLBI Office of Technology and Services Office, has been delegated Name of Committee: National Institute on Transfer and Development, 31 Center the authority to sign Federal Register Aging Initial Review Group, Clinical Aging Drive Room 4A29, MSC2479, Bethesda, notices pertaining to announcements of Review Committee. MD 20892–2479; Telephone: +1–301– Date: June 1–2, 2017. meetings and other committee 435–4507; Fax: +1–301–594–3080; Time: 2:00 p.m. to 2:00 p.m. Email: [email protected]. management activities, for both the Agenda: To review and evaluate grant Centers for Disease Control and applications. SUPPLEMENTARY INFORMATION: The Prevention and the Agency for Toxic Place: Torrance Marriott Redondo Beach, following represents the intellectual Substances and Disease Registry. 3635 Fashion Way, Torrance, CA 90503. property to be licensed under the Contact Person: Alicja L. Markowska, prospective agreement: Elaine L. Baker, Ph.D., Dsc., National Institute on Aging, U.S. Provisional Patent Application Director, Management Analysis and Services National Institutes of Health, Gateway Serial No. 61/045,213, filed 04/15/2008; Office, Centers for Disease Control and Building 2C212, 7201 Wisconsin Avenue, PCT Application No. PCT/US2009/ Prevention. Bethesda, MD 20892, 301–496–9666, 040560, filed 04/14/2009; U.S. Patent [email protected]. [FR Doc. 2017–06536 Filed 4–3–17; 8:45 am] Application Serial No.12/937,974, (Catalogue of Federal Domestic Assistance BILLING CODE 4163–18–P issued as 8,936,787 on 01/20/2015; Program Nos. 93.866, Aging Research, National Institutes of Health, HHS) Titled ‘‘Peptides Promoting Lipid Efflux’’ (NIH Reference No. E–138– DEPARTMENT OF HEALTH AND Dated: March 29, 2017. 2008/0). HUMAN SERVICES Melanie J. Pantoja, With respect to persons who have an Program Analyst, Office of Federal Advisory obligation to assign their right, title and National Institutes of Health Committee Policy. interest to the Government of the United National Institute on Aging; Notice of [FR Doc. 2017–06553 Filed 4–3–17; 8:45 am] States of America, the patent rights in Closed Meetings BILLING CODE 4140–01–P these inventions have been assigned to the Government of the United States of Pursuant to section 10(d) of the America. Federal Advisory Committee Act, as DEPARTMENT OF HEALTH AND The prospective exclusive license amended (5 U.S.C. App.), notice is HUMAN SERVICES territory may be worldwide and the hereby given of the following meetings. field of use may be limited to: National Institutes of Health ‘‘Treatment of Hypertriglyceridemia, The meetings will be closed to the with or without concomitant metabolic public in accordance with the Prospective Grant of Exclusive Patent syndrome’’. provisions set forth in sections License: Development and The invention pertains to 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Commercialization of Peptides compositions and methods of use of as amended. The grant applications and Promoting Lipid Efflux for the ApoC–II mimetic peptides with the discussions could disclose Treatment of Hypertriglyceridemia, multiple amphipathic alpha helical confidential trade secrets or commercial With or Without Concomitant domains that have the dual ability to property such as patentable material, Metabolic Syndrome promote lipid efflux from cells and and personal information concerning AGENCY: National Institutes of Health, stimulate lipoprotein lipase activity, individuals associated with the grant HHS. without inducing toxicity. This notice is applications, the disclosure of which ACTION: Notice. made in accordance with 35 U.S.C. 209 would constitute a clearly unwarranted and 37 CFR part 404. The prospective invasion of personal privacy. SUMMARY: The National Heart, Lung, and Exclusive Patent License will be royalty Name of Committee: National Institute on Blood Institute (NHLBI), an institute of bearing and may be granted unless Aging Initial Review Group, Biological Aging the National Institutes of Health; an within fifteen (15) days from the date of Review Committee. agency within the Department of Health this published notice, the NHLBI Office Date: May 30–31, 2017. and Human Services, is contemplating of Technology Transfer and Time: 2:00 p.m. to 2:00 p.m. the grant of an exclusive patent license Development receives written evidence Agenda: To review and evaluate grant to commercialize the invention(s) and argument that establishes that the applications. embodied in the intellectual property grant of the license would not be Place: Torrance Marriott Redondo Beach, estate stated in the Summary 3635 Fashion Way, Torrance, CA 90503. consistent with the requirements of 35 Contact Person: Bita Nakhai, Ph.D., Information section of this notice to U.S.C. 209 and 37 CFR part 404. Scientific Review Branch, National Institute Corvidia Therapeutics Inc. (Corvidia) Complete applications for a license in on Aging, Gateway Bldg., 2C212, 7201 located in Waltham, MA and the prospective field of use that are Wisconsin Avenue, Bethesda, MD 20814, incorporated under the laws of timely filed in response to this notice 301–402–7701, [email protected]. Delaware. will be treated as objections to the grant

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of the contemplated Exclusive Patent Cancers With Elevated Levels Of Reactive elevated in many cancers. In addition, License. Comments and objections to Oxygen Species (ROS) And/or Low Levels Of the prodrug and hybrid may have this notice submitted will not be made Antioxidant Defense/DNA Repair synergy with therapeutics (such as available for public inspection and, to Mechanisms.’’ (a) United States Provisional Patent proteasome inhibitor bortezomib and the extent permitted by law, will not be Application No. 61/261,175 filed November doxorubicin) which act through released under the Freedom of 13, 2009; generation of ROS. Taken together, these Information Act, 5 U.S.C. 552. (b) PCT Application No. PCT/US2010/ features suggest that the prodrug and Dated: March 21, 2017. 056446 filed November 12, 2010; hybrid may have therapeutic (c) United States Patent Application No. Cristina Thalhammer-Reyero, applications in cancer patients whose 13/509,431 filed June 01, 2012, US Patent tumors include high levels of ROS. Senior Licensing and Patenting Manager, 9,205,091 issued December 08, 2015; Office of Technology Transfer and (d) Australian Patent Application No. This notice is made in accordance Development, National Heart, Lung, and 2010319398 filed May 09, 2012; with 35 U.S.C. 209 and 37 CFR part 404. Blood Institute. (e) Canadian Patent Application No. The prospective Start-up Exclusive [FR Doc. 2017–06546 Filed 4–3–17; 8:45 am] 2,780,633 filed May 10, 2012; Evaluation Option License will be BILLING CODE 4140–01–P (f) European Patent Application No. royalty bearing, and the prospective 10778814.3 filed May 14, 2012; exclusive license may be granted unless (2) E–220–2011/0 entitled ‘‘Hybrid within fifteen (15) days from the date of DEPARTMENT OF HEALTH AND Diazeniumdiolated Compounds, Pharmaceutical Compositions, And Method this published notice, the National HUMAN SERVICES Of Treating Cancer.’’ Cancer Institute receives written (a) United States Provisional Patent evidence and argument that establishes National Institutes of Health Application No. 61/549,862, filed October 21, that the grant of the license would not 2011; Prospective Grant of Start-up be consistent with the requirements of (b) PCT Application No. PCT/US2012/ 35 U.S.C. 209 and 37 CFR part 404. Exclusive Evaluation Option Patent 060785 filed October 18, 2012; License: ‘‘The Development and Use of (c) United States Patent Application No. Complete applications for a license in Diazeniumdiolated and Hybrid 14/352,096 filed April 16, 2014, US Patent the prospective field of use that are filed Diazeniumdiolated Compounds for the 9,168,266 issued October 27, 2015; in response to this notice will be treated Treatment of Ovarian Cancer in (d) Australian Patent Application No. as objections to the grant of the Humans’’ 2012326105 filed April 14, 2014; contemplated Start-up Exclusive (e) Canadian Patent Application No. Evaluation Option License Agreement. AGENCY: National Institutes of Health, 2,852,682 filed April 14, 2014; Comments and objections submitted to HHS. (f) European Patent Application No. this notice will not be made available ACTION: Notice. 12841601.3 filed April 14, 2014, European Patent 2768824 issued December 07, 2016; for public inspection and, to the extent permitted by law, will not be released SUMMARY: The National Cancer Institute, (i) German Patent 602012026435.7 issued under the Freedom of Information Act, an institute of the National Institutes of December 07, 2016; 5 U.S.C. 552. Health, Department of Health and (ii) French Patent 2768824 issued December 07, 2016; and Dated: March 21, 2017. Human Services, is contemplating the (iii) UK Patent 2768824 issued December grant of a Start-up Exclusive Evaluation 07, 2016. Richard U. Rodriguez, Option License to practice the Associate Director, Technology Transfer inventions embodied in the Patents and The patent rights in these inventions Center, National Cancer Institute. have been assigned to the government of Patent Applications listed in the [FR Doc. 2017–06545 Filed 4–3–17; 8:45 am] the United States of America. Supplementary Information section of BILLING CODE 4140–01–P this notice to Tar Meta Biosciences, Inc. The prospective exclusive license (‘‘TarMeta’’) located in King of Prussia, territory may be worldwide and the PA, USA. field of use may be limited to ‘‘The DEPARTMENT OF HEALTH AND development and use of DATES: Only written comments and/or HUMAN SERVICES diazeniumdiolated and hybrid applications for a license which are diazeniumdiolated compounds for the received by the National Cancer National Institutes of Health treatment of ovarian cancer in humans.’’ Institute’s Technology Transfer Center The present inventions describe the National Heart, Lung, and Blood on or before April 19, 2017 will be use of diazeniumdiolate-based nitric Institute; Notice of Closed Meeting considered. oxide (NO)-releasing compounds ADDRESSES: Requests for copies of the wherein the cancer cell has an elevated Pursuant to section 10(d) of the patent application, inquiries, and level of reactive oxygen species (ROS), Federal Advisory Committee Act, as comments relating to the contemplated as well as the use of hybrid prodrug amended (5 U.S.C. App.), notice is Start-up Exclusive Evaluation Option molecules that combine a hereby given of the following meeting. License should be directed to: Kathleen diazeniumdiolated compound and a The meeting will be closed to the Higinbotham, Senior Technology poly(ADP-ribose) polymerase (PARP) public in accordance with the Transfer Manager, NCI Technology inhibitor in cancer cells to produce provisions set forth in sections Transfer Center, Riverside 5, Suite 400, synergistic effects, whether alone or as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 8490 Progress Dr., Frederick, MD 21701, an adjuvant for other therapies. The as amended. The grant applications and Telephone: (301)-624–8775; Facsimile: hybrid prodrug is expected to enhance the discussions could disclose (301)-631–3027 Email: higinbok@ cytotoxicity by creating DNA damage confidential trade secrets or commercial mail.nih.gov. with NO and preventing its repair with property such as patentable material, SUPPLEMENTARY INFORMATION: the PARP inhibitor. The prodrug and and personal information concerning the hybrid are activated by glutathione individuals associated with the grant Intellectual Property S-transferase and are predicted to be applications, the disclosure of which (1) E–025–2010/0 entitled ‘‘Nitric Oxide- effective in cancers with reactive oxygen would constitute a clearly unwarranted based Cancer Therapeutic Agents For Lung species (ROS), both of which are invasion of personal privacy.

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Name of Committee: National Heart, Lung, Institute, National Institutes of Health, 9609 Date: May 2, 2017. and Blood Institute Special Emphasis Panel; Medical Center Drive, Room 7W–126, Time: 12:00 p.m. to 4:00 p.m. Molecular Mechanisms of Ventilator-Induced Bethesda, MD 20892, 240–276–6348, Agenda: To review and evaluate grant Lung Injury. [email protected]. applications. Date: April 27, 2017. Any interested person may file written Place: National Institute on Aging, Time: 10:00 a.m. to 12:30 p.m. comments with the committee by forwarding Gateway Building, Suite 2W200C, 7201 Agenda: To review and evaluate grant the statement to the Contact Person listed on Wisconsin Avenue, Bethesda, MD 20892, applications. this notice. The statement should include the (Telephone Conference Call). Place: National Institutes of Health, 6701 name, address, telephone number and when Contact Person: Greg Bissonette, Ph.D., Rockledge Drive, Room 7206, Bethesda, MD applicable, the business or professional Scientific Review Officer, National Institute 20892 (Telephone Conference Call). affiliation of the interested person. on Aging, National Institutes of Health, Contact Person: Shelley S Sehnert, Ph.D., In the interest of security, NIH has Gateway Building, Suite 2W200, 7201 Scientific Review Officer, Office of Scientific instituted stringent procedures for entrance Wisconsin Avenue, Bethesda, MD 20892, Review/DERA National Heart, Lung, and onto the NIH campus. All visitor vehicles, 301–402–1622, [email protected]. Blood Institute, 6701 Rockledge Drive, Room including taxicabs, hotel, and airport shuttles Name of Committee: National Institute on 7206, Bethesda, MD 20892–7924, 301–435– will be inspected before being allowed on Aging Special Emphasis Panel, Translational 0303, [email protected]. campus. Visitors will be asked to show one Bioinformatics and Alzheimer’s Disease. (Catalogue of Federal Domestic Assistance form of identification (for example, a Date: May 18, 2017. Program Nos. 93.233, National Center for government-issued photo ID, driver’s license, Time: 12:00 p.m. to 4:00 p.m. Sleep Disorders Research; 93.837, Heart and or passport) and to state the purpose of their Agenda: To review and evaluate grant Vascular Diseases Research; 93.838, Lung visit. applications. Diseases Research; 93.839, Blood Diseases Information is also available on the Place: National Institute on Aging, and Resources Research, National Institutes Institute’s/Center’s home page: http:// Gateway Building, Suite 2W200C, 7201 of Health, HHS) deainfo.nci.nih.gov/advisory/fac/fac.htm, Wisconsin Ave., Bethesda, MD 20892 where an agenda and any additional (Telephone Conference Call). Dated: March 29, 2017. information for the meeting will be posted Contact Person: Greg Bissonette, Ph.D., Michelle Trout, when available. Scientific Review Officer, National Institute Program Analyst, Office of Federal Advisory (Catalogue of Federal Domestic Assistance on Aging, National Institutes of Committee Policy. Program Nos. 93.392, Cancer Construction; Health,Gateway Building, Suite 2W200, 7201 [FR Doc. 2017–06551 Filed 4–3–17; 8:45 am] 93.393, Cancer Cause and Prevention Wisconsin Avenue, Bethesda, MD 20892, Research; 93.394, Cancer Detection and 301–402–1622, [email protected]. BILLING CODE 4140–01–P Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology (Catalogue of Federal Domestic Assistance Research; 93.397, Cancer Centers Support; Program Nos. 93.866, Aging Research, DEPARTMENT OF HEALTH AND 93.398, Cancer Research Manpower; 93.399, National Institutes of Health, HHS) HUMAN SERVICES Cancer Control, National Institutes of Health, Dated: March 29, 2017. HHS) Melanie J. Pantoja, National Institutes of Health Dated: March 29, 2017. Program Analyst, Office of Federal Advisory National Cancer Institute; Notice of Melanie J. Pantoja, Committee Policy. Meeting Program Analyst, Office of Federal Advisory [FR Doc. 2017–06552 Filed 4–3–17; 8:45 am] Committee Policy. BILLING CODE 4140–01–P Pursuant to section 10(a) of the [FR Doc. 2017–06550 Filed 4–3–17; 8:45 am] Federal Advisory Committee Act, as BILLING CODE 4140–01–P amended (5 U.S.C. App.), notice is DEPARTMENT OF HOMELAND hereby given of a meeting of the SECURITY Frederick National Laboratory Advisory DEPARTMENT OF HEALTH AND Committee to the National Cancer HUMAN SERVICES Coast Guard Institute. The meeting will be open to the National Institutes of Health [Docket No. USCG–2017–0203] public, with attendance limited to space National Maritime Security Advisory available. Individuals who plan to National Institute on Aging; Notice of Committee attend and need special assistance, such Closed Meetings as sign language interpretation or other Pursuant to section 10(d) of the AGENCY: Coast Guard, Department of reasonable accommodations, should Federal Advisory Committee Act, as Homeland Security. notify the Contact Person listed below amended (5 U.S.C. App.), notice is ACTION: Notice of Federal Advisory in advance of the meeting. The meeting hereby given of the following meetings. Committee Meeting. will also be videocast and can be The meetings will be closed to the accessed from the NIH Videocasting and public in accordance with the SUMMARY: The National Maritime Podcasting Web site (http:// provisions set forth in sections Security Advisory Committee will meet videocast.nih.gov/). 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., in Norfolk, Virginia, to review and discuss various issues relating to Name of Committee: Frederick National as amended. The grant applications and Laboratory Advisory Committee to the the discussions could disclose national maritime security. All meetings National Cancer Institute. confidential trade secrets or commercial will be open to the public. Date: May 8, 2017. property such as patentablematerial, DATES: The Committee will meet on Time: 9:00 a.m. to 5:00 p.m. and personal information concerning Tuesday, April 25, 2017, from 12 Noon Agenda: Ongoing and new activities at the individuals associated with the grant to 4:30 p.m. and on Wednesday, April Frederick National Laboratory for Cancer applications, the disclosure of which 26, 2017, from 8 a.m. to 12 Noon. This Research. would constitute a clearly unwarranted meeting may close early if all business Place: National Institutes of Health, 31 Center Drive, Building 31, Wing C; 6th Floor, invasion of personal privacy. is finished. Conference Room 10, Bethesda, MD 20892. Name of Committee: National Institute on ADDRESSES: The meeting will be held in Contact Person: Caron A. Lyman, Ph.D., Aging Special Emphasis Panel, the Port of Virginia Conference Room on Executive Secretary, National Cancer Developmental Programming and Aging. the 6th floor of the World Trade Center,

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600 World Trade Center; Norfolk, 5, United States Code, Appendix). The (2) Cyber Security. The Committee Virginia 23510. The Port of Virginia’s National Maritime Security Advisory will discuss and receive a brief on the Web site is: http:// Committee operates under the authority current efforts to implement cyber www.portofvirginia.com/. of 46 U.S.C. 70112. The National security strategies. This meeting will be broadcast via a Maritime Security Advisory Committee (3) Cascadia Horizon. The Committee web enabled interactive online format provides advice, consults with, and will discuss and receive a brief on the and teleconference line. To participate makes recommendations to the results of the Coast Guard’s via teleconference, dial 1–855–475– Secretary of Homeland Security, via the participation in the Cascadia Rising 2447; the pass code to join is 764 990 Commandant of the Coast Guard, on National Level exercise. 20#. Additionally, if you would like to matters relating to national maritime (4) Public comment period. participate in this meeting via the security. Public comments or questions will be online web format, please log onto A copy of all meeting documentation taken throughout the meeting as the https://share.dhs.gov/nmsac/ and will be available at https:// Committee discusses the issues and follow the online instructions to register homeport.uscg.mil/NMSAC by April 25, prior to deliberations and voting. There for this meeting. If you encounter 2017. Alternatively, you may contact will also be a public comment period at technical difficulties, contact Mr. Ryan Ryan Owens as noted in the FOR the end of the meeting. Speakers are Owens at (202) 302–6565. FURTHER INFORMATION CONTACT section requested to limit their comments to 5 For information on facilities or above. minutes. Please note that the public services for individuals with comment period may end before the Agenda of Meeting disabilities, or to request special period allotted, following the last call assistance at the meetings, contact the Day 1 for comments. Contact the individual individual listed in FOR FURTHER The Committee will meet to review, listed in the FOR FURTHER INFORMATION INFORMATION CONTACT below as soon as discuss and formulate recommendations CONTACT section above to register as a possible. speaker. Instructions: You are free to submit on the following issues: Dated: March 29, 2017. comments at any time, including orally (1) Security and Partnerships in the at the meetings, but if you want Port Of Virginia. The Committee will V.B. Gifford, Jr. committee members to review your receive a presentation from the Port of Captain, U.S. Coast Guard, Director of comment before the meetings, please Virginia providing review of how the Inspections and Compliance. submit your comments no later than Port of Virginia is partnering to [FR Doc. 2017–06656 Filed 4–3–17; 8:45 am] April 20, 2017. We are particularly implement security strategies. BILLING CODE 9110–04–P interested in comments on the issues in (2) Container Security, Non-Intrusive the ‘‘Agenda’’ section below. You must Inspection/Radiation Portal Monitors. include ‘‘Department of Homeland The Committee will discuss, receive a DEPARTMENT OF HOUSING AND Security’’ and the docket number briefing and provide recommendations URBAN DEVELOPMENT [USCG–2017–0203] in your submission. on Customs and Border Protections [Docket No. FR–6025–N–01] Written comments should be submitted efforts to implement non-intrusive using the Federal eRulemaking Portal: inspection in US ports. (3) Unmanned Aerial Vehicles. The Mortgagee Review Board: http://www.regulations.gov. If you Administrative Actions encounter technical difficulties, contact increase in the use of unmanned aerial Mr. Ryan F. Owens. Comments received vehicles within ports has introduced the AGENCY: Office of the Assistant will be posted without alteration at need to provide guidance on how to Secretary for Housing—Federal Housing http://www.regulations.gov including identify and report potential suspicious Commissioner, Department of Housing any personal information provided. You activity associated with these vehicles. and Urban Development (‘‘HUD’’). The Committee will discuss, receive a may review a Privacy Act notice ACTION: Notice. regarding the Federal Docket briefing and provide guidance. Management System in the March 24, (4) Seafarer Access. The Committee SUMMARY: In compliance with Section 2005 issue of the Federal Register (70 will receive a follow-on brief from a 202(c)(5) of the National Housing Act, FR 15086). discussion at the last October 2016 this notice advises of the cause and Docket Search: For access to the public meeting. description of administrative actions docket to read documents or comments (5) Regulatory Update. The Committee taken by HUD’s Mortgagee Review related to this notice, go to http:// will receive an update brief on Board against HUD-approved www.regulations.gov, and use ‘‘USCG– regulatory efforts to date. mortgagees. (6) Public Comment period. 2017–0203’’ in the ‘‘Search’’ box, press FOR FURTHER INFORMATION CONTACT: Enter, and then click on the item you Day 2 Nancy A. Murray, Secretary to the wish to view. The Committee will meet to review, Mortgagee Review Board, 451 Seventh FOR FURTHER INFORMATION CONTACT: Mr. discuss and formulate recommendations Street SW., Room B–133/3150, Ryan Owens, Alternate Designated on the following issues: Washington, DC 20410–8000; telephone Federal Officer of the National Maritime (1) Extremely Hazardous Cargo (202) 708–2224 (this is not a toll-free Security Advisory Committee, 2703 Strategy. In July, the Coast Guard tasked number). Persons with hearing or Martin Luther King Jr. Avenue SE., the Committee to work with the speech impairments may access this Washington, DC 20593, Stop 7581, Chemical Transportation Advisory number through TTY by calling the toll- Washington, DC 20593–7581; telephone Committee to assist in the development free Federal Information Service at (800) 202–372–1108 or email ryan.f.owens@ of an Extremely Hazardous Cargo 877–8339. uscg.mil. Strategy Implementation Plan. The SUPPLEMENTARY INFORMATION: Section SUPPLEMENTARY INFORMATION: Notice of Committee will discuss and receive an 202(c)(5) of the National Housing Act this meeting is in compliance with the update from the Extremely Hazardous (12 U.S.C. 1708(c)(5)) requires that HUD Federal Advisory Committee Act, (Title Cargo Working Group on their efforts. ‘‘publish a description of and the cause

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for administrative action against a HUD- Cause: The Board took this action two real estate properties, and the approved mortgagee’’ by HUD’s based on the following violations of mortgage loans secured by those Mortgagee Review Board (‘‘Board’’). In HUD/FHA requirements alleged by properties, on its 2012 and 2013 balance compliance with the requirements of HUD: BancFirst (a) failed to properly sheets; (b) falsely certified to HUD/FHA Section 202(c)(5), this notice advises of notify HUD/FHA it had acquired CSB that City First had complied with all actions that have been taken by the Bancshares, Inc. and its subsidiary bank, HUD/FHA regulations in its 2014 Board in its meetings from October 1, Bank of Commerce; and (b) falsely annual certification; (c) failed to notify 2015 to September 30, 2016. certified to HUD/FHA that it had HUD that City First entered into a complied with all HUD/FHA regulations consent order with and paid a fine to I. Civil Money Penalties, Withdrawals in its March 1, 2016 annual the State of Illinois, Department of of FHA Approval, Suspensions, certification. Financial and Professional Regulation, Probations, Reprimands, and Division of Banking; and (d) failed to Administrative Payments 3. Bank of England, Little Rock, AR notify HUD that City First entered into [Docket No. 16–1669–MR] 1. AmCap Mortgage, Ltd., Houston, TX a settlement agreement with and paid a [Docket No. 15–1889–MR] Action: On August 25, 2016, the penalty to the Department of Business Board voted to accept the terms of a Oversight for the State of California. Action: On June 16, 2016, the Board settlement agreement with Bank of 6. First Heritage Financial, LLC., voted to accept the terms of a settlement England (‘‘BOE’’). Pursuant to the terms Trevose, PA [Docket No. 16–0000–MR] agreement with AmCap Mortgage, Ltd. of the settlement, BOE was required to (‘‘AmCap’’) that required AmCap to (a) (a) pay a civil money penalty in the Action: On August 25, 2016, the pay a civil money penalty in the amount amount of $6,500; and (b) refrain from Board voted to accept the terms of a of $262,500; (b) pay an additional making any claim for insurance benefits settlement agreement with First Heritage $75,000; and (c) refrain from making and/or indemnify HUD/FHA for the life Financial, LLC (‘‘First Heritage’’). The any claim for insurance benefits and/or of the loan on all losses associated with settlement agreement required First indemnify HUD/FHA for all losses one HUD/FHA insured loan. The Heritage to (a) pay a civil money penalty associated with three HUD/FHA insured settlement did not constitute an in the amount of $120,500; and (b) loans. The settlement did not constitute admission of liability or fault. refrain from making any claim for an admission of liability or fault. Cause: The Board took this action insurance benefits and/or indemnify Cause: The Board took this action based on BOE’s alleged violation of HUD/FHA for the life of the loan on all based on the following violations of HUD/FHA requirements by its failure to losses associated with 36 HUD/FHA HUD/FHA requirements alleged by verify and adequately document the insured loans. The settlement did not HUD: AmCap (a) falsely certified to borrowers’ source of funds for closing constitute an admission of liability or HUD/FHA that it had complied with all for two loans. fault and the Board executed the settlement agreement on January 3, HUD/FHA regulations in its 2013 and 4. Branch Banking and Trust Company, 2014 annual certifications; (b) failed to 2017. Greensboro, NC [Docket No. 16–0075– Cause: The Board took this action timely notify HUD of four incidents in FC] based on the following violations of which AmCap and its employees were Action: On September 9, 2016, the HUD/FHA requirements alleged by sanctioned by the states of Utah and Board voted to release Branch Banking HUD: First Heritage (a) falsely certified Oklahoma; (c) failed to ensure the and Trust Company (‘‘BB&T’’) from any to HUD/FHA that First Heritage had correct branch identification number civil money penalties or administrative complied with all HUD/FHA regulations was used when originating four HUD/ actions as part of a settlement between in its 2015 annual certification; (b) FHA insured mortgage loans; (d) failed BB&T and the United States that failed to notify HUD that First Heritage to perform quality control reviews for 43 required BB&T to pay the United States entered into a consent agreement and loans that had early payment defaults; $83,000,000. The settlement did not order with and paid a fine to the (e) failed to perform the HUD/FHA constitute an admission of liability or Pennsylvania Department of Banking, required management response to fault. Securities Compliance office; and (c) address material appraisal deficiencies Cause: The Board took this action submitted false loan certifications for 36 identified in the quality control report based on BB&T’s alleged failure to loan files by allowing an individual for one loan; (f) failed to include all of properly originate, underwrite and whose mortgage loan license had been the borrower’s liabilities in determining conduct quality control reviews for suspended and cancelled to process the the debt to income ratio for one loan; (g) HUD/FHA insured loans in violation of origination of HUD/FHA insured loans. failed to properly document the source HUD/FHA requirements. of closing funds for two loans; and (h) 7. First Mortgage Company, Oklahoma failed to question the appraiser’s use of 5. City First Mortgage Services, LLC, City, OK [Docket No. 16–1823] properties as comparables that were not Bountiful, UT [Docket No. 15–1657–MR] Action: On August 25, 2016, the of the same quality as the subject Action: On March 10, 2016, the Board Board voted to accept the terms of a modular home for one loan. voted to accept the terms of a settlement settlement agreement with First 2. BancFirst, Oklahoma City, OK agreement with City First Mortgage Mortgage Company (‘‘First Mortgage’’). [Docket No. 16–1736] Services, LLC (‘‘City First’’) that Pursuant to the terms of the settlement required City First to pay a civil money agreement, First Mortgage was required Action: On August 25, 2016, the penalty in the amount of $35,000 to pay a civil money penalty in the Board voted to seek civil money without admitting fault or liability. amount of $5,000 without admitting penalties against BancFirst. The Board Cause: The Board took this action fault or liability. entered into a settlement agreement based on the following violations of Cause: The Board took this action with BancFirst that required BancFirst HUD/FHA requirements alleged by based on First Mortgage’s alleged to pay a civil money penalty in the HUD: City First (a) failed to comply violation of HUD/FHA requirements by amount of $17,000 without admitting with Generally Accepted Accounting its failure to notify HUD that First fault or liability. Principles by inappropriately placing Mortgage entered into a consent order

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with and paid fine to the State of indicted manager; and (c) failed to HUD/FHA requirements by its improper Washington’s Department of Financial promptly notify HUD that GEMI’s approval of an HUD/FHA insured Institutions. branch manager had been indicted for mortgage for an ineligible co-borrower bank fraud. as the co-borrower was a non-permanent 8. Franklin American Mortgage resident alien and was not going to Company, Franklin, IN [Docket No. 15– 11. HSBC Bank USA NA, Depew, NY occupy the property as a principal 0094–FC] [Docket No. 16–0076–FC] residence. Action: On November 29, 2015, the Action: On January 29, 2016, the Board voted to release Franklin Board voted to release HSBC Bank USA 15. Mortgage Services III, Bloomington, American Mortgage Company NA (‘‘HSBC’’) from any civil money IL [Docket No. 15–1814–MR] (‘‘FAMC’’) from any civil money penalties or administrative actions as Action: On October 22, 2015, the penalties or administrative actions as part of a settlement between HSBC and Board voted to accept the terms of a part of a settlement between FAMC and the United States that required HSBC to settlement agreement with Mortgage the United States that required FAMC to pay the United States $100,000,000. The Services III, LLC (‘‘MSIII’’) that required pay the United States $70,000,000. The settlement did not constitute an MSIII to pay a civil money penalty in settlement did not constitute an admission of liability or fault. the amount of $3,500 without admitting admission of liability or fault. Cause: The Board took this action fault or liability. Cause: The Board took this action based on HSBC’s alleged failure to Cause: The Board took this action based on FAMC’s alleged failure to properly service HUD/FHA insured based on MSIII’s alleged violation of properly originate, underwrite, and loans in violation of HUD/FHA HUD/FHA requirements by its failure to conduct quality control reviews for requirements. obtain a payoff statement for a HUD/FHA insured loans in violation of subordinate lien that was to be paid off HUD/FHA requirements. 12. Liberty Bank, Middletown, CT with the proceeds of a HUD/FHA [Docket No. 16–1690 MRT] insured mortgage. 9. Freedom Mortgage Corporation, Action: On August 25, 2016, the 16. Ocwen Loan Servicing, LLC, West Mount Laurel, NJ [Docket No. 16–0034– Board voted to accept the terms of a FC] Palm Beach, FL [Docket No. 15–1636– settlement agreement with Liberty Bank. MR] Action: On March 10, 2016, the Board Pursuant to the terms of the agreement, voted to release Freedom Mortgage Liberty Bank was required to pay a civil Action: On June 2, 2016, the Board Corporation (‘‘FMC’’) from any civil money penalty in the amount of $8,500 entered into a settlement agreement money penalties or administrative without admitting fault or liability. with Ocwen Loan Servicing, LLC actions as part of a settlement between Cause: The Board took this action (‘‘Ocwen’’) that required Ocwen to (a) FMC and the United States that required based on Liberty Bank’s alleged pay a civil money penalty in the amount FMC to pay the United States violation of HUD/FHA requirements by of $604,000; (b) reimburse HUD in the $113,000,000. The settlement did not its failure to comply with HUD/FHA amount of $225,875 for losses HUD constitute an admission of liability or merger notification requirements. incurred on three HUD/FHA insured fault. loans; and (c) reimburse HUD in the Cause: The Board took this action 13. Manufacturers and Traders Trust amount of $2,000 for loss mitigation based on FMC’s alleged failure to Company, Buffalo, NY [Docket No. 16– incentive fees with respect to two HUD/ properly originate, underwrite, and 0040–FC] FHA insured loans. The settlement did conduct quality control reviews for Action: On March 10, 2016, the Board not constitute an admission of liability HUD/FHA insured loans in violation of voted to release Manufacturers and or fault. HUD/FHA requirements. Traders Company (‘‘M&T’’) from any Cause: The Board took this action civil money penalties or administrative based on the following violations of 10. Golden Empire Mortgage, Inc., actions as part of a settlement between HUD/FHA requirements alleged by Bakersfield, CA [Docket No. 16–1670– M&T and the United States that required HUD: Ocwen (a) failed to comply with MR] M&T to pay the United States HUD’s loss mitigation requirements Action: On August 25, 2016, the $64,000,000. The settlement did not with respect to seven loans; (b) failed to Board voted to accept the terms of a constitute an admission of liability or send letters to borrowers’ attorneys settlement agreement with Golden fault. notifying them of the availability of loss Empire Mortgage, Inc. (‘‘GEMI’’). Cause: The Board took this action mitigation for four loans; (c) failed to Pursuant to the terms of the settlement based on M&T’s alleged failure to conduct and document that it performed agreement, GEMI was required (a) to pay properly originate, underwrite, and a management committee review prior a civil money penalty in the amount of conduct quality control reviews for to referring loans to foreclosure for 37 $128,000; and (b) refrain from making HUD/FHA insured loans in violation of loans; (d) failed to complete foreclosures any claim for insurance benefits and/or HUD/FHA requirements. within the required time frames, indemnify HUD/FHA for all losses without seeking an extension of time associated with six HUD/FHA insured 14. Meadowbrook Financial Mortgage from HUD for 18 loans; (e) failed to loans. The settlement did not constitute Bankers Corporation, Garden City, NY timely disburse escrow funds for an admission of liability or fault. [Docket No. 16–1661–MR] insurance and taxes, resulting in Cause: The Board took this action Action: On August 25, 2016, the penalties or late fees accruing to the based on the following violations of Board voted to accept the terms of a borrower, for five loans; (f) improperly HUD/FHA requirements alleged by settlement agreement with charged borrowers fees that were not in HUD: GEMI (a) employed a branch Meadowbrook Financial Mortgage accordance with HUD/FHA manager who was indicted for bank Bankers Corporation (‘‘MFMBC’’) that requirements for 52 loans; (g) failed to fraud during his tenure with GEMI; (b) required MFMBC to pay a civil money check the Limited Denial of continued to originate HUD/FHA loans penalty in the amount of $5,000. Participation and System for Award that were ineligible for insurance due to Cause: The Board took this action Management (‘‘LDP/SAM’’) exclusion GEMI’s continued employment of the based on MFMBC’s alleged violation of lists prior to approving a Home

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Affordable Modification Program conduct quality control reviews for closing on the land contract being (‘‘HAMP’’); (h) failed to produce or HUD/FHA insured loans in violation of refinanced for one loan; (g) charged a retain portions of the servicing files as HUD/FHA requirements. commitment fee without a written required by HUD for five loans; (i) failed guarantee that ensured the loan terms 20. Renasant Bank, Birmingham, AL would not change for a definite period to comply with HUD document [Docket No. 16–1721–MR] requests; (j) failed to accurately report of time for ten loans; and (h) failed to 38 loans in HUD’s Single Family Default Action: On August 25, 2016, the implement a quality control plan that Monitoring System (‘‘SFDMS’’); (k) sent Board voted to accept the terms of a was in compliance with HUD/FHA delinquent borrowers outdated HUD settlement agreement with Renasant requirements. documentation; (l) failed to implement Bank (‘‘Renasant’’) that required 22. SecurityNational Mortgage a quality control program that contained Renasant to pay a civil money penalty Company, Salt Lake City, UT [Docket all of the elements required by HUD; in the amount of $17,000 without No. 16–0073–FC] and (m) failed to timely report to HUD admitting fault or liability. a regulatory action by multiple state Cause: The Board took this action Action: On September 9, 2016, the attorneys general and the CFPB. based on the following violation of Board voted to release SecurityNational HUD/FHA requirements alleged by Mortgage Company (‘‘SNMC’’) from any 17. Peoples Bank, Overland Park, KS HUD: Renasant (a) failed to comply with civil money penalties or administrative [Docket No. 15–1703–MR] HUD/FHA merger notification actions as part of a settlement between Action: On October 22, 2015, the requirements; and (b) falsely certified to SNMC and the United States that Board voted to accept the terms of a HUD/FHA that Renasant had complied required SNMC to pay the United States settlement agreement with Peoples Bank with all HUD/FHA regulations in its $4,250,000. The settlement did not that required Peoples Bank to (a) pay a 2015 annual certification. constitute an admission of liability or civil money penalty in the amount of 21. Ross Mortgage Corporation, Troy, MI fault. $5,000; and (b) refrain from making any [Docket No. 16–1633–MR] Cause: The Board took this action claim for insurance benefits and/or based on SNMC’s alleged failure Action: On April 21, 2016, the Board indemnify HUD/FHA for all losses properly originate, underwrite, and voted to accept the terms of a settlement associated with one HUD/FHA insured conduct quality control reviews for agreement with Ross Mortgage loan. The settlement did not constitute HUD/FHA insured loans in violation of Corporation (‘‘RMC’’) that required RMC an admission of liability or fault. HUD/FHA requirements. Cause: The Board took this action to: (a) Pay a civil money penalty in the 23. Sutherland Mortgage Services, Inc., based on Peoples Bank’s alleged amount of $97,500; (b) pay a sum of $327,500; (c) pay $1,325,000 to Houston, TX [Docket No. 16–1657–MRT] violation of HUD/FHA requirements by reimburse HUD for losses that it has its failure to reconcile discrepancies Action: On August 25, 2016, the suffered, or anticipates that it will with respect to verification of a Board voted to seek civil money suffer, with respect to 20 HUD/FHA borrower’s employment. penalties against Sutherland Mortgage insured loans; and (d) indemnify HUD Services, Inc. (‘‘SMS’’). The Board 18. RANLife, Inc., Sandy, UT [Docket for 33 HUD/FHA insured loans. The entered into a settlement agreement No.16–0077–FC] settlement did not constitute an with SMS that required SMS to pay civil Action: On October 22, 2015, the admission of liability or fault. money penalties in the amount of Board voted to accept the terms of a Cause: The Board took this action $23,500. settlement agreement between RANLife, based on the following violations of Cause: The Board took this action Inc. (‘‘RANLife’’) and the United States HUD/FHA requirements alleged by based on the following violations of that required RANLife to pay the United HUD: RMC (a) failed to obtain adequate HUD/FHA requirements as alleged by States $1,032,714.96, of which HUD will documentation to verify the source of HUD: SMS (a) failed to timely submit its receive $1,001,733.51 paid over two funds or failed to clarify and resolve annual audited financial statement and years. The settlement did not constitute discrepancies in the documentation supplemental reports; (b) failed to notify an admission of liability or fault. prior to the loans’ approval for HUD/ HUD of quarterly net operating losses Cause: The Board took this action FHA insurance for 67 loans; (b) exceeding 20%; and (c) failed to notify based on RANLife’s alleged violation of accepted and used faxed documents HUD of a sanction imposed by the State HUD/FHA requirements by its failure to from an undisclosed source without of Oklahoma. properly underwrite and conduct obtaining a copy of the original 24. TD Bank Group, Falmouth, ME quality control reviews on HUD/FHA documents or verifying the authenticity [Docket No. 15–1668–MR] insured loans. of the information provided for 24 loans; (c) submitted false certifications Action: On March 10, 2016, the Board 19. Regions Bank, Hoover, AL [Docket regarding the origination and processing voted to accept the terms of a settlement No. 16–0068–FC] of seven HUD/FHA insured mortgage agreement with TD Bank Group (‘‘TD Action: On September 9, 2016, the loans; (d) failed to comply with HUD’s Bank’’) that required TD Bank to pay a Board voted to release Regions Bank requirements regarding the prohibition civil money penalty in the amount of (‘‘Regions’’) from any civil money on property flipping, or failed to obtain $221,000 and indemnify HUD for losses penalties or administrative actions as and submit to HUD a complete second incurred for fourteen HUD/FHA insured part of a settlement between Regions appraisal for three loans; (e) failed to loans. The settlement did not constitute and the United States that required consider the borrower’s liabilities in the an admission of liability or fault. Regions to pay the United States underwriting analysis and to verify and Cause: The Board took this action $52,400,000. The settlement did not document whether the borrower met based on the following violations of constitute an admission of liability or HUD/FHA requirements relating to HUD/FHA requirements as alleged by fault. income, credit, and cash investment for HUD: TD Bank (a) failed to resolve Cause: The Board took this action six loans; (f) failed to provide adequate discrepancies regarding the borrower’s based on Regions’ alleged failure to documentation to ensure the borrowers employment and bank documents with properly originate, underwrite, and were current for the month due prior to respect to one loan; (b) failed to

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adequately document the income and/or II. Lenders That Failed To Timely Meet 1874–MRT] stability of borrower income for two Requirements for Annual 29. Community Resource Credit Union, loans; (c) failed to properly document a Recertification of HUD/FHA Approval Baytown, TX ($4,500) [Docket No. 16– 1826–MRT] gift for one loan; (d) failed to properly but Came Into Compliance 30. Community State Bank, Saint Charles, MI record a Mortgage Insurance Certificate Action: The Board entered into ($3,500) [Docket No. 15–1623–MRT] for one loan; (e) failed to ensure that settlement agreements with the lenders 31. Congressional Bank, Bethesda, MD borrowers met credit eligibility listed below, which required the lender ($8,500) [Docket No. 15–1763–MRT] requirements with respect to four loans; to pay a civil money penalty without 32. Cooperativa de Ahorro y Credito La (f) failed to confirm that borrowers in admitting fault or liability. Puertorriquena, San Juan, PR ($8,500) [Docket No. 16–1600–MRT] refinance transactions had made all Cause: The Board took this action 33. CoVantage Credit Union, Antigo, WI mortgage payments on loans being based upon allegations that the lenders ($4,500) [Docket No. 16–1664–MRT] refinanced within the month due for the listed below failed to comply with 34. Crescent Mortgage Company, Atlanta, GA prior 12 months for 11 loans; (g) failed HUD’s annual recertification ($4,500) [Docket No. 15–1888–MRT] to document the mortgage loan payoff requirements in a timely manner. 35. Cross River Bank, Teaneck, NJ ($3,500) [Docket No. 16–1677–MRT] statements for five loans; and (h) failed 1. 1st Constitution Bank, Cranbury, NJ 36. Directors Financial Group, Newport ($3,500) [Docket No.15–1935–MRT] to obtain a Certification for Individual Beach, CA ($4,500) [Docket No. 16– 2. 1st Reliant Home Loans, Inc., Costa Mesa, Unit Financing as required for 1842–MRT] CA ($3,500) [Docket No. 15–1811–MRT] 37. DSW Mortgage, Inc., Boulder, CO ($4,500) condominium approval. 3. ADK Bancorp, Inc., Westminster, CA [Docket No. 16–1808–MRT] ($8,500) [Docket No.15–1949–MRT] 25. United Shore Financial Services, 38. Eagle Mortgage & Funding Inc., Memphis, LLC., Troy MI [Docket No. 15–1566–MR] 4. Anchor Mortgage, LLC, Daniel Island, SC ($3,500) [Docket No.16–1607–MRT] TN ($3,500) [Docket No. 15–1725–MRT] 39. Express Solutions Mortgage Corporation, Action: On December 17, 2015, the 5. Approved Funding Corp., Brooklyn, NY ($8,500) [Docket No. 15–1913–MRT] Cabo Rojo, PR ($8,500) [Docket No. 16– Board voted to accept the terms of a 6. Arcstone Financial, Inc., Los Angeles, CA 1810–MRT] settlement agreement with United Shore ($4,500) [Docket No.16–1839–MRT] 40. Fifth Third Bank, Cincinnati, OH ($3,500) Financial Services, LLC (‘‘USFS’’) that 7. Arcstone Financial, Inc., Los Angeles, CA [Docket No. 16–1648–MRT] required USFS (a) to pay a civil money ($3,500) [Docket No. 15–1833–MRT] 41. First Bank of the Palm Beaches, West 8. Associated Credit Union of Texas, League Palm Beach, FL ($3,500) [Docket No. 15– penalty in the amount of $110,500; and 1965–MRT] (b) refrain from making any claim for City, TX ($4,500) [Docket No. 16–1734– MRT] 42. First Capital Bank of Kentucky, insurance benefits and/or indemnify 9. Audubon Savings Bank, Audubon, NJ Louisville, KY ($3,500) [Docket No. 14– HUD for losses incurred for twenty-four ($3,500) [Docket No. 15–1652–MRT] 1720–MRT] HUD/FHA insured loans. The 10. Aurora Financial Group, Inc., Marlton, NJ 43. FirstCity Bank of Commerce, Palm Beach settlement did not constitute an ($4,500) [Docket No.16–1788–MRT] Gardens, FL ($3,500) [Docket No. 15– 1890–MRT] admission of liability or fault. 11. Bank Vista, Sartell, MN ($3,500) [Docket No. 15–1916–MRT] 44. First Mariner Bank, Baltimore, MD Cause: The Board took this action 12. Bay Bank, FSB, Timonium, MD ($4,500) ($3,500) [Docket No. 15–1927] based on the following violations of [Docket No. 15–1809–MRT] 45. First National Bank, Southlake, TX HUD/FHA requirements alleged by 13. BCB Community Bank, Bayonne, NJ ($7,500) [Docket No. 15–1769–MRT] HUD: USFS (a) failed to adequately ($16,000) [Docket No. 15–1666–MRT] 46. First National Bank, Cortez, Cortez, CO ($4,500) [Docket No. 16–1676–MRT] document the income or stability of 14. BondCorp Realty Services, Inc., Newport Beach, CA ($4,250) [Docket No. 15– 47. First National Bank, USA, Boutte, LA income used to qualify borrowers for 1859–MRT] ($3,500) [Docket No. 15–1579–MRT] nine loans; (b) failed to adequately 15. Boulder Valley Credit Union, Boulder, 48. First NBC Bank, New Orleans, LA document the source of funds used for CO ($8,500) [Docket No.16–1639–MRT] ($9,468) [Docket No. 16–1844–MRT] the down payment, closing costs, or 16. Bridgeview Mortgage Corporation, 49. First State Bank, Omaha, NE ($3,500) payment of debt prior to closing for Franklin Square, NY ($8,500) [Docket [Docket No. 15–1855–MRT] 50. First Utah Bank, Sandy, UT ($8,500) eight loans; (c) failed to consider all of No. 15–1712–MRT] 17. Cache Valley Bank, Logan, UT ($3,500) [Docket No. 15–1715–MRT] the borrowers’ liabilities in the [Docket No. 14–1635–MRT] 51. Forbix Financial, Flowood, MS ($3,500) underwriting analysis for six loans; (d) 18. Castle Mortgage Corporation, San Diego, [Docket No. 15–1876–MRT] failed to resolve discrepancies or CA ($4,500) [Docket No. 16–1680–MRT] 52. Freedom of Maryland Federal Credit irregularities with respect to social 19. CBC Federal Credit Union, Oxnard, CA Union, Bel Air, MD ($4,500) [Docket No. security numbers and paystubs for one ($3,500) [Docket No. 15–1604–MRT] 16–1738–MRT] loan; (e) failed to correctly calculate the 20. CenterBank, Milford, OH ($3,500) [Docket 53. Fremont Bank, Fremont, CA ($3,500) No. 15–1897–MRT] [Docket No. 15–1839–MRT] maximum mortgage amount for one 21. Central Bank, Tampa, FL ($3,500) [Docket 54. Global Bancorp d/b/a New Rate Lending, loan; (f) failed to properly check the No. 15–1866–MRT] Irvine, CA ($8,500) [Docket No. 15–1967– Credit Alert Verification Reporting 22. Central Bank and Trust, Lander, WY MRT] System (‘‘CAVRS’’) by entering the ($3,500) [Docket No. 15–1590–MRT] 55. Green Bank, N.A., Houston, TX ($4,500) wrong social security number and 23. Chicago Financial Services, Inc., Chicago, [Docket No. 16–1759–MRT] consequently approving one loan; (g) IL ($3,500) [Docket No. 15–1955–MRT] 56. Guaranty Bank FSB, Milwaukee, WI 24. Citizens National Bank of Greater St. ($3,500) [Docket No. 15–1898–MRT] failed to comply with HUD’s property Louis, Maplewood, MO ($3,500) [Docket 57. Guardian Savings Bank FSB, Cincinnati, flipping waiver requirements for one No. 15–1581–MRT] OH ($3,500) [Docket No. 15–1873–MRT] loan; (h) failed to submit accurate loan 25. Citizens Trust Bank, Atlanta, GA, ($3,500) 58. Gulf Atlantic Funding Group, Inc., Davie, level data in FHA Connection for six [Docket No. 15–1760–MRT] FL ($8,500) [Docket No. 16–1643–MRT] loans; and (i) charged borrowers for 26. City Savings Bank & Trust, Deridder, LA, 59. Highmark Federal Credit Union, Rapid credit reports in amounts that exceeded ($8,500) [Docket No. 15–1761–MRT] City, SD ($4,500) [Docket No. 16–1654– 27. Clark County Credit Union, Las Vegas, MRT] USFS’s actual costs for ten loans. NV ($3,500) [Docket No. 15–1829–MRT] 60. Home Bank, N.A., Lafayette, LA ($8,500) 28. Community First National Bank, [Docket No. 16–1642–MRT] Manhattan, KS ($3,500) [Docket No. 15– 61. Home Federal Bank, Shreveport, LA

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($3,500) [Docket No. 15–1640–MRT] 93. SpiritBank, N.A., Tulsa, Ok ($3,500) [Docket No. 17–1734–MRT] 62. Home Savings Bank, Madison, WI [Docket No. 15–1910–MRT] 15. Bank of Union, El Reno, OK [Docket No. ($3,500) [Docket No. 16–1655–MRT] 94. Standard Pacific Mortgage Inc., Irvine, CA 17–1782–MRT] 63. HR Mortgage Corp., Caguas, PR ($8,500) ($4,500) [Docket No. 16–1847–MRT] 16. Bank Tennessee, Germantown, TN [Docket No. 15–1925- MRT] 95. Sterling United Federal Credit Union, [Docket No. 14–1590–MRT] 64. iBeriaBank, Lafayette, LA ($3,500) Evansville, IN ($3,500) [Docket No. 15– 17. Bankers Financial Group, Inc., Bowie, [Docket No. 15–1903–MRT] 1954–MRT] MD [Docket No. 17–1766–MRT] 65. Integrity Financial Services of Tampa 96. Supreme Funding Corporation, Arcadia, 18. Bankers Mortgage and Investment Group, Bay, Inc., Largo, FL ($4,500) [Docket No. CA ($3,500) [Docket No.15–1589–MRT] Inc., Overland Park, KS [Docket No. 15– 16–1674–MRT] 97. Telco Triad Community Credit Union, 1663–MRT] 66. International Bank of Commerce, Laredo, Sioux City, IA ($8,500) [Docket No. 15– 19. Battery Park City Authority, New York, TX ($3,500) [Docket No. 15–1877–MRT] 1785–MRT] NY [Docket No. 17–1811–MRT] 67. iServe Residential Lending LLC, San 98. Texas Tech Federal Credit Union, 20. Beacon Federal, East Syracuse, NY Diego, CA ($4,500) [Docket No. 16–1813– Lubbock, TX ($4,500) [Docket No. 15– [Docket No. 17–1791–MRT] MRT] 1719–MRT] 21. Berkshire Bank, Wyomissing, PA [Docket 68. Legends Bank, Clarksville, TN ($3,500) 99. United Texas Bank, Dallas, TX ($3,500) No. 16–1841–MRT] [Docket No. 15–1709–MRT] [Docket No. 15–1615–MRT] 22. Biopharmaceutica Coop, Carolina, PR 69. Liberty Mortgage Corporation, 100. University First Federal Credit Union, [Docket No. 15–1641–MRT] Birmingham, AL ($3,500) [Docket No. Salt Lake City, UT ($3,500) [Docket No. 23. Blanco National Bank, Spring Branch, TX 15–1951–MRT] 15–1923–MRT] [Docket No. 17–1758–MRT] 70. Magnolia Bank, Magnolia, KY ($3,500) 101. U.S. Financial Group, Inc., Lake Charles, 24. BondCorp Realty Services, Inc., Newport [Docket No. 15–1862–MRT] LA ($3,500) [Docket No. 15–1909–MRT] Beach, CA [Docket No. 17–1829–MRT] 71. Marketplace Home Mortgage, LLC, Edina, 102. Wall Financial, Inc., Los Angeles, CA 25. Boulevard Bank, Neosho, MO [Docket No. MN ($3,500) [Docket No. 16–1709–MRT] ($3,500) [Docket No.15–1958–MRT] 17–1792–MRT] 72. Massachusetts Mutual Life Insurance 103. West One Capital Group, Inc., Newport 26. Buffalo Trace Area Development District, Company, Springfield, MA ($3,500) Beach, CA ($3,500) [Docket No. 15– Maysville, KY [Docket No. 17–1812– [Docket No. 15–1731–MRT] 1850–MRT] MRT] 73. MCT Credit Union, Port Neches, TX 104. West Town Bank & Trust, Frederick, MD 27. C F Funding Corporation, Naperville, IL ($3,500) [Docket No. 15–1749–MRT] ($3,500) [Docket No. 15–1949–MRT] [Docket No. 16–1779–MRT] 74. MK Lending Corp., Los Angeles, CA 105. Willamette Valley Bank, Salem, OR 28. Carnegie Mortgage, LLC, Irvine, CA ($8,500) [Docket No. 16–1656–MRT] ($4,500) [Docket No. 16–1786–MRT] [Docket No. 17–1738–MRT] 75. Mortgage Trust, Inc., Portland, OR 106. Winona National Bank, Winona, MN 29. Cavalier Mortgage Group, Inc., Raleigh, ($3,500) [Docket No. 15–1936–MRT] ($3,500) [Docket No. 15–1796–MRT] NC [Docket No. 15–1804–MRT] 30. Chicago Bancorp, Inc., Chicago, IL 76. Nationwide Mortgage Bankers, Inc., III. Lenders That Failed To Meet Lebanon, NJ ($3,500) [Docket No. 15– [Docket No. 16–1848–MRT] 1942–MRT] Requirements for Annual 31. Citizen Home Loans of America, Inc., 77. Northwest Bank of Rockford, Loves Park, Recertification of HUD/FHA Approval Dayton, OH [Docket No. 17–1813–MRT] IL ($3,500) [Docket No. 15–1891–MRT] Action: The Board voted to withdraw 32. Citizens National Bank, N.A., Bossier 78. PFL, Inc., San Antonio, TX ($8,500) the FHA approval of each of the lenders City, LA [Docket No. 15–1728–MRT] [Docket No. 15–1892–MRT] listed below for a period of one (1) year. 33. ClearSpring Loan Services, Inc., Dallas, 79. Pacific Premier Bank, Irvine, CA ($8,500) Cause: The Board took this action TX [Docket No. 16–1653–MRT] [Docket No. 15–1738–MRT] 34. CMS Bank, White Plains, NY [Docket No. 80. Pacific Transportation Federal Credit based upon allegations that the lenders 17–1793–MRT] Union, Carson, CA ($3,500) [Docket No. listed below were not in compliance 35. Cobalt Mortgage, Kirkland, WA [Docket 15–1620–MRT] with HUD’s annual recertification No. 17–1739–MRT] 81. Parks Heritage Federal Credit Union, requirements. 36. Colonial American Bank, Shrewsbury, NJ Glenn Falls, NY ($3,500) [Docket No. 15– 1. ACNB Bank, Gettysburg, PA [Docket No. [Docket No. 17–1803–MRT] 1586–MRT] 17–173–MRT] 37. Community Bank-Wheaton Glen Ellyn, 82. Phenix-Girard Bank, Phenix City, AL 2. Adams Mortgage, LLC, Colorado Springs, Glen Ellyn, IL [Docket No. 17–1814– ($3,500) [Docket No. 15–1648–MRT] CO [Docket No. 15–1907–MRT] MRT] 83. Platinum Bank, Lubbock, TX ($3,500) 3. Advance Mortgage Bankers, Inc., Bayamon, 38. Corridor Mortgage Company, LLC, [Docket No. 15–1932–MRT] PR [Docket No. 17–1802–MRT] Bristol, PA [Docket No. 17–1804–MRT] 84. PMAC Lending Services, Inc., Chino 4. Advantage Financial Mortgage Bankers, 39. Covenant Bank, Leeds, AL [Docket No. Hills, CA ($3,500) [Docket No. 15–1751– Inc., Robbinsville, NJ [Docket No. 15– 17–1740–MRT] MRT] 1802–MRT] 40. Day Air Credit Union, Kettering, OH 85. Ready Mortgage Lenders LLC, Miami, FL 5. Agree Capital Corporation, Fresh [Docket No. 15–1611–MRT] ($3,500) [Docket No. 15–1849–MRT] Meadows, NY [Docket No. 17–1809– 41. Dexter Credit Union, Central Falls, RI 86. Ross Mortgage Company, Inc., MRT] [Docket No. 16–1744–MRT] Westborough, MA ($3,500) [Docket No. 6. AIG Federal Savings Bank, Wilmington, 42. Doral Bank, San Juan, PR [Docket No. 17– 16–1640–MRT] DE [Docket No. 17–1765–MRT] 1741–MRT] 87. Scient Federal Credit Union, Groton, CT 7. Air Force Federal Credit Union, San 43. Doral Financial Corporation, San Juan, PR ($3,500) [Docket No.15–1906–MRT] Antonio, TX [Docket No. 17–1789–MRT] [Docket No. 17–1742–MRT] 88. Seattle Metropolitan Credit Union, 8. AllQuest Home Mortgage Corporation, 44. Evergreen Credit Union, Portland, ME Seattle, WA ($3,500) [Docket No. 15– Houston, TX [Docket No. 15–1792–MRT] [Docket No. 17–1794–MRT] 1918–MRT] 9. Amera Mortgage Corporation, Milford, MI 45. Farmers Bank & Trust Company, 89. Seckel Capital LLC, Newtown, PA [Docket No. 17–1756–MRT] Blytheville, AR [Docket No. 15–1917– ($3,500) [Docket No.15–1583–MRT] 10. American Investors Bank & Mortgage, MRT] 90. SecurityPlus Federal Credit Union, Eden Prairie, MN [Docket No. 17–1810– 46. Farmers Citizens Bank, Dublin, OH Baltimore, MD ($10,000) [Docket No. 15– MRT] [Docket No. 17–1767–MRT] 1781–MRT] 11. Americas Mortgage LLC, Wheat Ridge, 47. Farmington Financial Group LLC, 91. Southeast Funding Alliance, Inc., CO [Docket No. 17–1757–MRT] Nashville, TN [Docket No. 17–1759– Orlando, FL ($8,500) [Docket No. 15– 12. Anchor Funding Corporation, Norcross, MRT] 1934–MRT] GA [Docket No. 17–1790–MRT] 48. FedTrust Mortgage LLC, Farmington 92. Southern Crescent Mortgage and 13. Bank of Commerce, Yukon, OK [Docket Hills, MI [Docket No. 17–1795–MRT] Investment Corporation, Fayetteville, GA No. 16–1783–MRT] 49. FirstBank, Strasburg, VA [Docket No. 17– ($3,500) [Docket No.16–1619–MRT] 14. Bank of Manhattan, NA, El Segundo, CA 1815–MRT]

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50. First Capital Mortgage Group, Inc., 85. Lending Solutions, Inc., Duluth, GA MRT] Pittsburgh, PA [Docket No. 17–1768– [Docket No. 16–1767–MRT] 119. Reverse Mortgage USA, Inc., Dallas TX MRT] 86. LGE Community Credit Union, Marietta, [Docket No. 17–1762–MRT] 51. First Century Bank, N.A., Gainesville, GA GA [Docket No. 16–1678–MRT] 120. Roundpoint Mortgage Company, [Docket No. 16–1878–MRT] 87. Liberty Bank of Arkansas, Jonesboro, AR Charlotte, NC [Docket No. 17–1745– 52. First Choice Bank, Cerritos, CA [Docket [Docket No. 17–1776–MRT] MRT] No. 15–1843–MRT] 88. Loan One Mortgage Co., Inc., Westerville, 121. S Bank, Glennville, GA [Docket No. 15– 53. First Commercial Bank, Oklahoma City, OH [Docket No. 16–1629–MRT] 1661–MRT] OK [Docket No. 15–1572–MRT] 89. Main Street Financial, Inc., Indianapolis, 122. Sanford Institution for Savings, Sanford, 54. First Financial Services, Charlotte, NC IN [Docket No. 17–1819–MRT] ME [Docket No. 17–1799–MRT] [Docket No. 17–1751–MRT] 90. Medallion Mortgage Company LLC, 123. Schaeffer Mortgage Corporation, 55. First Florida Credit Union, Jacksonville, Agoura Hills, CA [Docket No. 17–177– FL [Docket No. 17–1816–MRT] MRT] Londonderry, NH [Docket No. 17–1825– 56. First National Bank, Camdenton, MO 91. Menna Company, Marietta, GA [Docket MRT] [Docket No. 17–1783–MRT] No. 16–1726–MRT] 124. Seasons Federal Credit Union, 57. First Savings Bank of Perkasie, Perkasie, 92. Meridian Lending Corporation, Lone Middletown, CT [Docket No. 15–1883– PA [Docket No. 17–1750–MRT] Tree, CO [Docket No. 17–1761–MRT] MRT] 58. First Southern Capital Development 93. Metropolitan National Bank, Springfield, 125. Sherburne State Bank, Saint Cloud, MN Corporation, Rancho Palos Verdes, CA MO [Docket No. 17–1820–MRT] [Docket No. 17–1779–MRT] [Docket No. 17–1755–MRT] 94. Midwest Mortgage Capital, LLC, Saint 126. Sidus Financial, LLC, Greensboro, NC 59. First State Bank Mortgage Company, LLC, Louis, MO [Docket No. 15–1803–MRT] [Docket No. 16–1811–MRT] Clinton Township, MI [Docket No. 17– 95. Minneapolis Community Development 127. Solera National Bank, Colorado Springs, 1743–MRT] Agency, Minneapolis, MN [Docket No. CO [Docket No. 17–1808–MRT] 60. Flatbush Federal Savings, Brooklyn, NY 17–1821–MRT] 128. Southern Bank, Poplar Bluff, MO [Docket No. 17–1760–MRT] 96. Monument Bank, Rockville, MD [Docket [Docket No. 17–1826–MRT] 61. Florida Bank of Commerce, Orlando, FL No. 17–1735–MRT] 129. Southern Puget Sound Inter Tribal [Docket No. 15–1797–MRT] 97. Mortgage Factory, Inc., Houston, TX Housing Authority, Shelton, WA [Docket 62. Foundation First Bank, Omaha, NE [Docket No. 15–1944–MRT] No. 17–1827–MRT] [Docket No. 15–1742–MRT] 98. Mortgage House, San Juan, PR [Docket 130. Summit Bank, Little Rock, AR [Docket 63. Frontier State Bank, Oklahoma City, OK No. 16–1646–MRT] No. 15–1807–MRT] [Docket No. 16–1787–MRT] 99. Mortgage Investors Corporation, Saint 131. Texas Bay Area Credit Union, Houston, 64. Gateway Bank, F.S.B., Oakland, CA Petersburg, FL [Docket No. 16–1747– TX [Docket No. 17–1749–MRT] [Docket No. 15–1658–MRT] MRT] 132. The First National Bank Layton, Layton, 65. Gencor Mortgage, Inc., Scottsdale, AZ 100. Mortgage Resources, Inc., Chesterfield, UT [Docket No. 17–1754–MRT] [Docket No. 17–1769–MRT] MO [Docket No. 17–1778–MRT] 133. The Harbor Bank of Maryland, 66. Global Advisory Group, Inc., Everett, WA 101. MVB Bank, Inc., Bridgeport, WV [Docket Baltimore, MD [Docket No. 15–1714– [Docket No. 17–1770–MRT] No. 17–1744–MRT] 67. Grand Bank, N.A., Hamilton, NJ [Docket 102. Naugatuck Valley Savings and Loan, MRT] No. 15–1729–MRT] Naugatuck, CT [Docket No. 16–1755– 134. Trust One Mortgage Corporation, Irvine, 68. Guaranteed Home Mortgage Company, MRT] CA [Docket No. 17–1748–MRT] Inc., White Plains, NY [Docket No. 17– 103. NE Moves Mortgage, LLC, Waltham, MA 135. TXL Mortgage Corporation, Houston, TX 1771–MRT] [Docket No. 17–1822–MRT] [Docket No. 17–1746–MRT] 69. Hana Financial, Inc., Los Angeles, CA 104. Nebraska Investment Finance Authority, 136. United Bank, West Springfield, MA, [Docket No. 17–1817–MRT] Lincoln, NE [Docket No. 17–1823–MRT] [Docket No. 15–1788–MRT] 70. Harbor National Bank, Mt. Pleasant, SC 105. North Jersey Federal Credit Union, 137. Union Federal Savings Bank, North [Docket No. 17–1752–MRT] Totowa, NJ [Docket No. 17–1736–MRT] Providence, RI [Docket No. 17–1800– 71. Harvard Home Mortgage, Inc., Annapolis, 106. Northwest Georgia Bank, Ringgold, GA MRT] MD [Docket No. 17–1772–MRT] [Docket No. 15–1878–MRT] 138. Valley Bank, Davenport, IA [Docket No. 72. Heritage Bank, Jonesboro, AR [Docket No. 107. NYMEO Federal Credit Union, 17–1780–MRT] 17–1773–MRT] Frederick, MD [Docket No. 15–1795– 139. Valley National Bank, Tulsa, OK [Docket 73. Hickory Point Bank and Trust, F.S.B., MRT] No. 15–1746–MRT] Decatur, IL [Docket No. 15–1929–MRT] 108. Oasis Bank, SSB, Houston, TX [Docket 140. Virginia Heritage Bank, Vienna, VA 74. Home Federal Bank, Nampa, ID [Docket No. 17–1785–MRT] [Docket No. 15–1919–MRT] No. 15–1640–MRT] 109. One Mortgage, Inc., Irving, TX [Docket 141. Vist Bank, Reading, PA [Docket No. 17– 75. Home Loan Center, Inc., Irvine, CA No. 17–1786–MRT] 1781–MRT] [Docket No. 17–1784–MRT] 110. Palmetto South Mortgage Corporation, 142. Visterra Credit Union, Moreno Valley, 76. Homeowners Mortgage of America, Inc., Columbia, SC [Docket No. 17–1787– CA [Docket No. 16–1822–MRT] Jacksonville, FL [Docket No. 17–1774– MRT] 143. Washington First Bank, Reston, VA MRT] 111. Patriot Bank Mortgage, Inc., Houston, [Docket No. 16–1795–MRT] 77. Housing Authority of the Osage Tribe, TX [Docket No. 17–1806–MRT] 144. WCS Funding Group, Inc., Baltimore, Hominy, OK [Docket No. 17–1818–MRT] 112. Raaven Capital, Inc., Olympia, WA MD [Docket No. 15–1915–MRT] 78. Hudson City Savings Bank, Paramus, NJ [Docket No. 17–1807–MRT] 145. Western Heritage Bank, N.A., Las [Docket No. 17–1805–MRT] 113. RBS Mortgage Corporation, San Juan, PR Cruces, NM [Docket No. 17–1801–MRT] [Docket No. 17–1797–MRT] 79. Infinity Federal Credit Union, Westbrook, 146. Wingspan Portfolio Advisors, LLC, ME [Docket No. 17–1747–MRT] 114. Red Stone Agency Lending, LLC, New Dallas, TX [Docket No. 17–1763–MRT] 80. Integrated Financial Group, Inc., York, NY [Docket No. 17–1798–MRT] 147. Your Community Bank, New Albany, IN Newtown PA [Docket No. 17–1775–MRT] 115. Reliant Mortgage Company, LLC, [Docket No. 17–828–MRT] 81. Kenilworth Financial, Oakbrook, Terrace, Beverly MA [Docket No. 15–1751–MRT] IL [Docket No. 17–1764–MRT] 116. Renew Financial Corporation II, Dated: March 30, 2017. 82. Lafayette Federal Credit Union, Allentown, PA [Docket No. 17–1824– Genger Charles, Kensington, MD [Docket No. 16–1853– MRT] General Deputy Assistant Secretary, for MRT] 117. Resource Mortgage Banking LTD, Housing/FHA Commissioner, Chairman, 83. Lake Federal Bank, FSB, Hammond, IN Tarrytown, NY [Docket No. 17–1788– Mortgagee Review Board. [Docket No. 16–1694–MRT] MRT] 84. Landmark Credit Union, New Berlin, WI 118. Resurgent Capital Services, LP, [FR Doc. 2017–06642 Filed 4–3–17; 8:45 am] [Docket No. 17–1796–MRT] Greenville, SC [Docket No. 17–1753– BILLING CODE 4210–67–P

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DEPARTMENT OF THE INTERIOR Leesburg Pike, Falls Church, VA 22041– reports and a final report of the activity 3803 (mail), or madonna_baucum@ to the Secretary. This is a nonform Fish and Wildlife Service fws.gov (email). Please include ‘‘1018– collection. Regulations at 50 CFR 18.27 0070’’ in the subject line of your outline the procedures and [FWS–R7–FHC–2017–N039; FF07CAMM00– 178–FXES111607MRG01] comments. You may review the ICR requirements for submitting a request. online at http://www.reginfo.gov. Follow Specific regulations governing Information Collection Request Sent to the instructions to review Department of authorized activities in the Beaufort Sea the Office of Management and Budget the Interior collections under review by are in 50 CFR part 18, subpart J. for Approval; Incidental Take of Marine OMB. Regulations governing authorized Mammals During Specified Activities FOR FURTHER INFORMATION CONTACT: activities in the Chukchi Sea are in 50 Christopher Putnam, Supervisory Fish CFR part 18, subpart I. These AGENCY: Fish and Wildlife Service, and Wildlife Biologist, Marine regulations provide the applicant with a Interior. Mammals Management, U.S. Fish and detailed description of information that ACTION: Notice; request for comments. Wildlife Service, 1011 East Tudor Rd., we need to evaluate the proposed MS 341, Anchorage, AK 99503–6199 activity and determine if it is SUMMARY: We (U.S. Fish and Wildlife (mail), or at christopher_putnam@ appropriate to issue specific regulations Service) have sent an Information fws.gov (email). and, subsequently, LOAs. Collection Request (ICR) to the Office of SUPPLEMENTARY INFORMATION: We use the information to verify the Management and Budget (OMB) for findings required to issue incidental review and approval. We summarize the I. Abstract take regulations, to decide if we should ICR below and describe the nature of the This information collection includes issue an LOA, and, if issued, what collection and the estimated burden and requirements associated with specified conditions should be included the LOA. cost. This information collection is oil and gas industry activities and their In addition, we analyze the information scheduled to expire on March 31, 2017. incidental taking of polar bears, Pacific to determine impacts to polar bears and We may not conduct or sponsor and a walruses, and northern sea otters in Pacific walruses and the availability of person is not required to respond to a Alaska. The Marine Mammal Protection those marine mammals for subsistence collection of information unless it Act (MMPA) of 1972, as amended (16 purposes of Alaska Natives. displays a currently valid OMB control U.S.C. 1361 et seq.), imposed, with II. Data number. However, under OMB certain exceptions, a moratorium on the regulations, we may continue to taking of marine mammals. Section OMB Control Number: 1018–0070. conduct or sponsor this information 101(a)(5)(A) of the MMPA directs the Title: Incidental Take of Marine collection while it is pending at OMB. Secretary of the Interior to allow, upon Mammals During Specified Activities, DATES: You must submit comments on request by citizens of the United States, 50 CFR 18.27 and 50 CFR 18, Subparts or before May 4, 2017. the taking of small numbers of marine I and J. ADDRESSES: Send your comments and mammals incidental to specified Service Form Number(s): None. suggestions on this information activities (other than commercial Type of Request: Extension of a collection to the Desk Officer for the fishing) if the Secretary makes certain currently approved collection. Department of the Interior at OMB– findings and prescribes specific Description of Respondents: Oil and OIRA at (202) 395–5806 (fax) or OIRA_ regulations that, among other things, gas industry companies. [email protected] (email). Please establish permissible methods of taking. Respondent’s Obligation: Required to provide a copy of your comments to the Applicants seeking to conduct obtain or retain a benefit. Service Information Collection activities must request a Letter of Estimated Number of Annual Clearance Officer, U.S. Fish and Authorization (LOA) for the specific Respondents: 20. Wildlife Service, MS BPHC, 5275 activity and submit onsite monitoring Frequency of Collection: On occasion.

Number of Number of Average Type of action annual responses Total annual completion Total annual respondents each responses time (hours) burden hours

Incidental Take of Marine Mammals—Application for Reg- ulations1 ...... 20 0 .1 2 150 300 Incidental Take of Marine Mammals—LOA Requests ...... 20 1.25 25 24 600 Incidental Take of Marine Mammals—Onsite Monitoring and Observation Reports ...... 20 15 300 1 .5 450 Incidental Take of Marine Mammals—Final Monitoring Re- port ...... 20 1.25 25 10 250 Polar Bear Den Detection Report ...... 4 1 4 50 200

Total ...... 84 ...... 356 ...... 1,800 1 Occurs once every 5 years.

Estimated Nonhour Cost Burden: We III. Comments closed on March 13, 2017. We received estimate the nonhour cost burden to be six comments in response to that notice. On January 11, 2017, we published a $200,000 for the Polar Bear Den The comments and our responses are notice in the Federal Register (82 FR Detection Survey and Report (4 summarized below. 3350) informing the public of our intent responses X $50,000 each). to request revisions of this information Comment (1): The Marine Mammal collection and soliciting comments for Commission (Commission) expressed 60 days. The public comment period support for the information collection

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request. The Commission stated that Comment (3): One commenter useful, is not overly burdensome, and they believe that the requested claimed that the proposed information that our estimate of the burden and information is necessary for the Service collection does not comply with the costs is generally accurate. Regarding to evaluate incidental take applications MMPA and that the proposed method of specific cases where the burden or cost and to determine whether to issue information collection would constitute is greater than the estimate, we point incidental take regulations and an unlawful taking under the MMPA. out that the estimate we provide is an associated LOAs, as required under the The commenter claimed that the annualized average over the 3-year MMPA. The Commission also agrees proposed information collection allows period of the information collection that the cost and burden estimates are for intentional takings of polar bears. authorization for all of the regulated appropriate. The Commission suggested The commenter suggested that the public subject to our collection of that the Service should request that oil proposed information collection must information. We are confident that the and gas industry companies submit impose much stricter standards on overall estimates are generally accurate. information electronically (including obtaining data. The commenter further Nevertheless, we will continue to work both the applications and monitoring suggested that mandatory polar bear with the regulated public to ensure that reports) and then make that information disturbance mitigation requirements our information collection is not unduly publicly accessible, barring any should be imposed for any LOAs issued burdensome and that our estimates confidentiality concerns. The under the MMPA incidental take accurately reflect reality. Furthermore, Commission further suggested that the regulations. we are currently developing additional Service make the collected information Our Response: We disagree with the technological capability to collect publicly accessible consistent with the commenter’s understanding and information electronically and to manner in which the National Marine interpretation of the MMPA, the enhance our ability to provide feedback Fisheries Service handles its incidental Paperwork Reduction Act of 1995 (44 to the public with relevant information take authorizations and regulations. U.S.C. 3501 et seq.), this information products based on the information we Our Response: We agree with the collection authorization, and related collect. Commission that our information enacting regulations, terms, and requests are necessary and appropriate requirements. The commenter did not We again invite comments concerning for us to meet our obligations under the address the information collection this information collection on: MMPA. We note that we recommend requirements, and we did not make any • Whether or not the collection of that oil and gas industry companies changes to our information collection; information is necessary, including submit information electronically, we therefore have no further response. whether or not the information will though we do accept information in a Comments (4–6): Three oil and gas have practical utility; variety of formats to accommodate industry companies operating in Alaska • The accuracy of our estimate of the convenience. We collect information and subject to our collection of burden for this collection of primarily via electronic mail. information under this authorization information; Information that is restricted for provided substantially similar confidentiality or privacy reasons is comments. The commenters support our • Ways to enhance the quality, utility, summarized and anonymized prior to request for information collection and clarity of the information to be public availability. The Service authorization and agree that our collected; and periodically posts issued authorizations collection of information is necessary • Ways to minimize the burden of the and summaries of monitoring report and useful, is not overly burdensome at collection of information on data on our Web site and in other public current levels, and that our estimate of respondents. media. The Service believes that we the burden and costs associated with provide the public access to relevant collecting information is generally Comments that you submit in information in a transparent manner accurate. However, the commenters response to this notice are a matter of while also fulfilling our responsibility to expressed a concern that the burden and public record. Before including your protect confidential information. costs in certain cases are occasionally address, phone number, email address, Comment (2): One commenter greater than our estimate. For example, or other personal identifying opposed the killing of polar bears, the location and monitoring of maternal information in your comment, you walrus, seals, or any other wildlife by polar bear dens or situations when should be aware that your entire the oil and gas industry. The commenter individual polar bears linger in an area comment, including your personal also thinks the Artic should not be open for an extended time require additional identifying information, may be made to energy exploration and suggested monitoring. The commenters suggested publicly available at any time. While significant fines for anyone killing those that it would improve the usefulness of you can ask OMB in your comment to animals. the collected information, and provide a withhold your personal identifying Our Response: The information benefit for the regulated public, if the information from public review, we collection authorization, and the Service would provide more frequent cannot guarantee that it will be done. associated MMPA incidental take public summaries and analyses of Authority: The authorities for this action regulations, do not authorize the lethal collected information. For example, the are the Marine Mammal Protection Act or injurious take of any wildlife, commenters suggested more frequent (MMPA) of 1972, as amended (16 U.S.C. 1361 including polar bears and walruses, nor summary and analysis of numbers of et seq.), and the Paperwork Reduction Act of do they authorize any activities, reported polar bear observations. The 1995 (44 U.S.C. 3501 et seq.). including oil and gas industry activities. commenters also supported the Dated: March 30, 2017. The MMPA provides for both civil and continued use of electronic methods of criminal penalties for violations of the information collection and reporting to Tina A. Campbell, MMPA. The commenter did not address reduce the burden and increase Chief, Division of Policy, Performance, and the information collection requirements, efficiency. Management Programs, U.S. Fish and Wildlife and we did not make any changes to our Our Response: We agree that our Service. information collection; we therefore collection of information from oil and [FR Doc. 2017–06649 Filed 4–3–17; 8:45 am] have no further response. gas industry companies is necessary and BILLING CODE 4333–15–P

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INTERNATIONAL TRADE manufacturer, the threat or effect of Complainant U.S. Steel, one for COMMISSION which is to destroy or substantially Respondents, one for OUII, and one, if injure an industry in the United States. applicable, for interested government [Investigation No. 337–TA–1002] Id. The notice of investigation identified agencies. Certain Carbon and Alloy Steel forty (40) respondents that are Chinese 2. At the beginning of the oral Products; Commission Determination steel manufacturers or distributors, as argument, each panel will be allowed to With Respect to the Procedure for the well as some of their Hong Kong and give a 10-minute opening statement in April 20, 2017, Oral Argument United States affiliates. Id. In addition the following order: (1) Complainant; (2) to the private parties, the Commission Respondents; (3) OUII; and (4) AGENCY: U.S. International Trade assigned an Investigative Attorney from government agencies, if any. Commission. the Commission’s Office of Unfair 3. Upon completion of all of the ACTION: Notice. Import Investigations (OUII), who opening statements, an initial Questions functions as an independent litigant or & Answers (Q&A) session with each SUMMARY: Notice is hereby given that party in the investigation. Id. panel will follow, whereby each panel, the U.S. International Trade On August 26, 2016, Respondents in the same order as outlined in Commission has determined to conduct filed a motion to terminate U.S. Steel’s paragraph (2) above, may receive the April 20, 2017, oral argument, see 82 antitrust claim under 19 CFR 210.21. On questions from the Commissioners. Each FR 13133–34 (Mar. 9, 2017), in September 6, 2016, U.S. Steel filed a Commissioner will be allocated 10 accordance with the procedure set forth response in opposition to Respondents’ minutes per round of questions, with herein. motion to terminate. On September 9, potential additional rounds for any FOR FURTHER INFORMATION CONTACT: 2016, the Commission Investigative given panel, if one or more Houda Morad, Office of the General Attorney (‘‘IA’’) filed a response in Commissioners have further questions. Counsel, U.S. International Trade opposition to Respondents’ motion to 4. After the initial Q&A session when Commission, 500 E Street SW., terminate. On November 14, 2016, the all the panels are completed, there will Washington, DC 20436, telephone (202) ALJ issued the subject ID, granting be the opportunity for a rebuttal Q&A 708–4716. Copies of non-confidential Respondents’ motion to terminate session, where Commissioners will get documents filed in connection with this Complainant’s antitrust claim under 19 the opportunity to ask rebuttal questions investigation are or will be available for CFR 210.21 and, in the alternative, of the oral argument participants. Each inspection during official business under 19 CFR 210.18. On November 23, Commissioner will be allocated 5 hours (8:45 a.m. to 5:15 p.m.) in the 2016, Complainant and the IA filed minutes per round of questions, with Office of the Secretary, U.S. petitions for review of the ID. potential additional rounds if one or International Trade Commission, 500 E Complainant also requested oral more Commissioners have further Street SW., Washington, DC 20436, argument before the Commission. On questions. telephone (202) 205–2000. General December 1, 2016, Respondents filed a 5. At the end of the Q&A sessions, information concerning the Commission response to the petitions for review. each panel will be allowed to give a 5- may also be obtained by accessing its Also on December 1, 2016, Complainant minute closing statement, in the same Internet server at https://www.usitc.gov. filed a response to the IA’s petition for order as outlined in paragraph (2) above, The public record for this investigation review. without opportunity for rebuttal or On December 19, 2016, the may be viewed on the Commission’s questions from the Commissioners. Commission issued a Notice electronic docket (EDIS) at https:// COMMISSION ORAL ARGUMENT: The determining to review the ID (Order No. edis.usitc.gov. Hearing-impaired Commission will hold the public oral 38). See 81 FR 94416–17 (Dec. 23, 2016). persons are advised that information on argument in the Commission’s Main In the Notice, the Commission requested this matter can be obtained by Hearing Room (Room 101), 500 E Street written submissions from ‘‘[t]he parties contacting the Commission’s TDD SW., Washington DC 20436, beginning to the investigation, including the Office terminal on (202) 205–1810. at 9:30 a.m. While any member of the of Unfair Import Investigations, and public may attend the oral argument, SUPPLEMENTARY INFORMATION: The interested government agencies’’ in only counsel for the parties to the Commission instituted Investigation No. connection with its review and set a investigation, including OUII, and 337–TA–1002 on June 2, 2016, based on date of March 14, 2017, for possible oral representatives of interested government a complaint filed by Complainant argument. Id. United States Steel Corporation of On February 24, 2017, the agencies may participate and/or argue at Pittsburgh, Pennsylvania (‘‘U.S. Steel’’), Commission issued a notice indicating the oral argument. alleging a violation of Section 337 of the that, pursuant to Commission Rule This is a public proceeding; Tariff Act of 1930, as amended, 19 210.45 (19 CFR 210.45), an oral confidential business information U.S.C. 1337. See 81 FR 35381 (June 2, argument would be held on March 14, (‘‘CBI’’) shall not be discussed. A party, 2016). The complaint alleges violations 2017, in connection with the however, can draw the Commission’s of Section 337 based upon the Commission’s review of Order No. 38. attention to CBI, if necessary, by importation into the United States, or in On March 3, 2017, the Commission pointing to where in the record the the sale of certain carbon and alloy steel issued a notice seeking further written information can be found. products by reason of: (1) A conspiracy submissions from the public in response The oral argument will be limited in to fix prices and control output and to the December 19, 2016, Notice and scope to the issues identified in the ID export volumes, the threat or effect of rescheduling the date for the oral (Order No. 38); the Commission’s which is to restrain or monopolize trade argument to April 20, 2017. See 82 FR December 19, 2016, Notice; the and commerce in the United States; (2) 13133–34 (Mar. 9, 2017). Commission’s March 3, 2017, Notice; misappropriation and use of trade The Commission has determined to and any related petition, written secrets, the threat or effect of which is conduct the April 20, 2017, oral submissions, and responses thereto. to destroy or substantially injure an argument as follows: NOTICE OF APPEARANCE: Counsel for the industry in the United States; and (3) 1. The oral argument will include up parties to the investigation or any false designation of origin or to four (4) distinct panels, one for representatives of interested government

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agencies who wish to participate in the DEPARTMENT OF JUSTICE Commission disclosing changes in its oral argument must file a written membership. The notifications were request to appear at the Commission Antitrust Division filed for the purpose of extending the oral argument by April 6, 2017, and Act’s provisions limiting the recovery of Notice Pursuant to the National must provide their email addresses as antitrust plaintiffs to actual damages Cooperative Research and Production under specified circumstances. part of their contact information. Act of 1993—National Shipbuilding Specifically, FUDAN University, China, The authority for the Commission’s Research Program Shanghai, People’s Republic of China; determination is contained in section Notice is hereby given that, on March Hunan Institute of Science and 337 of the Tariff Act of 1930, as 2, 2017, pursuant to Section 6(a) of the Technology, Yueyang City, People’s amended (19 U.S.C. 1337), and in part National Cooperative Research and Republic of China; Shenyang Institute of 210 of the Commission’s Rules of Production Act of 1993, 15 U.S.C. 4301 Automation (SIA), Chinese Academy of Practice and Procedure (19 CFR part et seq. (‘‘the Act’’), National Sciences, Shenyang Liaoning Province, 210). Shipbuilding Research Program People’s Republic of China; Sun Yat-sen By order of the Commission. (‘‘NSRP’’) has filed written notifications University, Guangzhou, People’s Issued: March 30, 2017. simultaneously with the Attorney Republic of China; Southeast General and the Federal Trade Lisa R. Barton, University, Nanjing, People’s Republic Commission disclosing changes in its of China; Nantong University’s School Secretary to the Commission. membership. The notifications were of Electronics and Information, Jiangsu, [FR Doc. 2017–06637 Filed 4–3–17; 8:45 am] filed for the purpose of extending the People’s Republic of China; Nanjing BILLING CODE 7020–02–P Act’s provisions limiting the recovery of University of Aeronautics and antitrust plaintiffs to actual damages Astronautics, Nanjing, People’s under specified circumstances. Republic of China; The International Specifically, Conrad Industries, Inc., School of Microelectronics of Nanjing JUDICIAL CONFERENCE OF THE Morgan City, LA, has been added as a University, Nanjing, People’s Republic UNITED STATES party to this venture. of China; Nanjing University of Posts No other changes have been made in and Telecommunications, Nanjing, Meeting of the Judicial Conference either the membership or planned People’s Republic of China; Jiangsu Advisory Committee on Rules of activity of the group research project. Software Defined Radio Engineering Appellate Procedure Membership in this group research Research Center, Nanjing, People’s project remains open, and NSRP intends Republic of China; Institute of AGENCY: Advisory Committee on Rules to file additional written notifications Computing Technology, Chinese of Appellate Procedure, Judicial disclosing all changes in membership. Academy of Sciences, Beijing, People’s On March 13, 1998, NSRP filed its Conference of the United States. Republic of China; Shanghai Advanced original notification pursuant to Section Research Institute, Chinese Academy of ACTION: Notice of open meeting. 6(a) of the Act. The Department of Sciences, Shanghai, People’s Republic Justice published a notice in the Federal of China; Shanghai Institute of SUMMARY: The Advisory Committee on Register pursuant to Section 6(b) of the Microsystem and Information Rules of Appellate Procedure will hold Act on January 29, 1999 (64 FR 4708). a meeting on May 2, 2017. The meeting The last notification was filed with Technology, Shanghai, People’s Republic of China; Shanghai Jiao Tong will be open to public observation but the Department on October 12, 2016. A University, Shanghai, People’s Republic not participation. An agenda and notice was published in the Federal of China; Shanghai Research Center for supporting materials will be posted at Register pursuant to Section 6(b) of the Act on November 3, 2016 (81 FR 76628). Wireless Communications, Shanghai, least 7 days in advance of the meeting People’s Republic of China; Shanghai at: http://www.uscourts.gov/rules- Patricia A. Brink, University, Shanghai, People’s Republic policies/records-and-archives-rules- Director of Civil Enforcement, Antitrust of China; and University of Science and committees/agenda-books. Division. Technology Beijing, Beijing, People’s DATES: May 2, 2017. [FR Doc. 2017–06589 Filed 4–3–17; 8:45 am] Republic of China, have been added as BILLING CODE P parties to this venture. TIME: 8:30 a.m. No other changes have been made in ADDRESSES: Hilton Harbor Island, either the membership or planned DEPARTMENT OF JUSTICE Skyline and Lindberg Meeting Rooms, activity of the group research project. 1960 Harbor Island Drive, San Diego, Antitrust Division Membership in this group research CA 92101 project remains open, and HSA Notice Pursuant to the National Foundation intends to file additional FOR FURTHER INFORMATION CONTACT: Cooperative Research and Production written notifications disclosing all Rebecca A. Womeldorf, Rules Act of 1993—Heterogeneous System changes in membership. Committee Secretary, Rules Committee Architecture Foundation Support Office, Administrative Office of On August 31, 2012, HSA Foundation the United States Courts, Washington, Notice is hereby given that, on March filed its original notification pursuant to Section 6(a) of the Act. The Department DC 20544, telephone (202) 502–1820. 13, 2017, pursuant to Section 6(a) of the National Cooperative Research and of Justice published a notice in the Dated: March 30, 2017. Production Act of 1993, 15 U.S.C. 4301 Federal Register pursuant to Section Rebecca A. Womeldorf, et seq. (‘‘the Act’’), Heterogeneous 6(b) of the Act on October 11, 2012 (77 Rules Committee Secretary. System Architecture Foundation (‘‘HSA FR 61786). [FR Doc. 2017–06620 Filed 4–3–17; 8:45 am] Foundation’’) has filed written The last notification was filed with BILLING CODE 2210–55–P notifications simultaneously with the the Department on September 27, 2016. Attorney General and the Federal Trade A notice was published in the Federal

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Register pursuant to Section 6(b) of the Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on November 3, 2016 (81 FR 76629). Register pursuant to Section 6(b) of the Act on November 3, 2016 (81 FR 76628). Act on January 22, 2002 (67 FR 2910). Patricia A. Brink, Patricia A. Brink, Director of Civil Enforcement, Antitrust The last notification was filed with Director of Civil Enforcement, Antitrust Division. the Department on August 5, 2015. A Division. [FR Doc. 2017–06593 Filed 4–3–17; 8:45 am] notice was published in the Federal [FR Doc. 2017–06587 Filed 4–3–17; 8:45 am] BILLING CODE P Register pursuant to Section 6(b) of the BILLING CODE P Act on August 25, 2015 (80 FR 51606). Patricia A. Brink DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE Director of Civil Enforcement, Antitrust Antitrust Division Division. Antitrust Division [FR Doc. 2017–06584 Filed 4–3–17; 8:45 am] Notice Pursuant to the National BILLING CODE P Notice Pursuant to the National Cooperative Research and Production Cooperative Research and Production Act of 1993—Cooperative Research Act of 1993—Cooperative Research Group on Consortium for NASGRO DEPARTMENT OF JUSTICE Group on Energy Storage System Development and Support Evaluation and Safety II Antitrust Division Notice is hereby given that, on Notice is hereby given that, on February 24, 2017, pursuant to Section Notice Pursuant to the National February 21, 2017, pursuant to Section 6(a) of the National Cooperative Cooperative Research and Production 6(a) of the National Cooperative Research and Production Act of 1993, Act of 1993—Open Platform for NFV Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Project, Inc. 15 U.S.C. 4301 et seq. (‘‘the Act’’), Southwest Research Institute— Southwest Research Institute— Cooperative Research Group on Notice is hereby given that, on March Cooperative Research Group on Energy Consortium for NASGRO Development 9, 2017, pursuant to Section 6(a) of the Storage System Evaluation and Safety II and Support (‘‘NASGRO’’) has filed National Cooperative Research and (‘‘EssEs-II’’) has filed written written notifications simultaneously Production Act of 1993, 15 U.S.C. 4301 notifications simultaneously with the with the Attorney General and the et seq. (‘‘the Act’’), Open Platform for Attorney General and the Federal Trade Federal Trade Commission disclosing NFV Project, Inc. (‘‘Open Platform for Commission disclosing changes in its changes in its membership. The NFV Project’’) has filed written membership. The notifications were notifications were filed for the purpose notifications simultaneously with the filed for the purpose of extending the of extending the Act’s provisions Attorney General and the Federal Trade Act’s provisions limiting the recovery of limiting the recovery of antitrust Commission disclosing changes in its antitrust plaintiffs to actual damages plaintiffs to actual damages under membership. The notifications were under specified circumstances. specified circumstances. Specifically, filed for the purpose of extending the Specifically, Toyota Motor Engineering Korean Aerospace Industries, Ltd., Act’s provisions limiting the recovery of and Manufacturing North America, Inc., Gyeongnam, Korea, and Blue Origin, antitrust plaintiffs to actual damages Ann Arbor, MI, has been added as a LLC, Kent, WA, have been added as under specified circumstances. party to this venture. parties to this venture. Specifically, NetScout Systems, Also, Deere & Company, Moline, IL, Also, Lockheed Martin Corporation, Westford, MA, has been added as a has withdrawn as a party to this Cherry Hill, NJ, have withdrawn as a party to this venture. venture. party to this venture. No other changes have been made in The following parties have changed Also, Brocade Communications, San either the membership or planned their names: Israel Aircraft Industries Jose, CA; CenturyLink, Monroe, LA; activity of the group research project. Ltd. to Israel Aerospace Industries, Ltd., Qosmos, Paris, France; and Xilinx, Inc., Membership in this group research Ben-Gurion Airport, Israel; Agusta San Jose, CA, have withdrawn as parties project remains open, and EssEs-II Westland to Leonardo SpA, Cascina to this venture. intends to file additional written Costa di Samarate, Italy; GKN Aerospace No other changes have been made in notifications disclosing all changes in Sweden AB to GKN Aerospace Services either the membership or planned membership. Ltd., Trollhattan, Sweden; EADS Airbus activity of the group research project. On September 21, 2016, EssEs-II filed GmbH and EADS Airbus S.A. to Airbus Membership in this group research its original notification pursuant to Operations S.A.S., Cedex, France; Alcoa project remains open, and Open Section 6(a) of the Act. The Department Technical Center to Aronic, Inc., New Platform for NFV Project intends to file of Justice published a notice in the York, NY; and Siemens Westinghouse additional written notifications Federal Register pursuant to Section Power Corporation to Siemens Energy, disclosing all changes in membership. 6(b) of the Act on November 15, 2016 Orlando, FL. On October 17, 2014, Open Platform (81 FR 80087). No other changes have been made in The last notification was filed with either the membership or planned for NFV Project filed its original notification pursuant to Section 6(a) of the Department on November 30, 2016. activity of the group research project. A notice was published in the Federal Membership in this group research the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the project remains open, and NASGRO Act on January 4, 2017 (82 FR 870). intends to file additional written Register pursuant to Section 6(b) of the notifications disclosing all changes in Act on November 14, 2014 (79 FR Patricia A. Brink, membership. 68301). Director of Civil Enforcement, Antitrust On October 3, 2001, NASGRO filed its The last notification was filed with Division. original notification pursuant to Section the Department on October 7, 2016. A [FR Doc. 2017–06590 Filed 4–3–17; 8:45 am] 6(a) of the Act. The Department of notice was published in the Federal BILLING CODE P

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DEPARTMENT OF JUSTICE Production Act of 1993, 15 U.S.C. 4301 ADDRESSES: Written comments should et seq. (‘‘the Act’’), Network Centric be sent to: Drug Enforcement Antitrust Division Operations Industry Consortium, Inc. Administration, Attention: DEA Federal (‘‘NCOIC’’) has filed written Register Representative/DRW, 8701 Notice Pursuant to the National notifications simultaneously with the Morrissette Drive, Springfield, Virginia Cooperative Research and Production Attorney General and the Federal Trade Act of 1993—Cooperative Research 22152. All requests for hearing must be Commission disclosing changes in its sent to: Drug Enforcement Group on ROS-Industrial Consortium- membership. The notifications were Americas Administration, Attn: Administrator, filed for the purpose of extending the 8701 Morrissette Drive, Springfield, Notice is hereby given that, on Act’s provisions limiting the recovery of Virginia 22152. All request for hearing February 21, 2017, pursuant to Section antitrust plaintiffs to actual damages should also be sent to: (1) Drug 6(a) of the National Cooperative under specified circumstances. Enforcement Administration, Attn: Specifically, Compusult Systems, Inc., Research and Production Act of 1993, Hearing Clerk/LJ, 8701 Morrissette Reston, VA; and Scott Goessling 15 U.S.C. 4301 et seq. (‘‘the Act’’), Drive, Springfield, Virginia 22152; and Southwest Research Institute— (individual member), Mansfield, TX, (2) Drug Enforcement Administration, Cooperative Research Group on ROS- have been added as parties to this Attn: DEA Federal Register Industrial Consortium-Americas (‘‘RIC- venture. Americas’’) has filed written Also, International Business Machines Representative/DRW, 8701 Morrissette notifications simultaneously with the Corp., Armonk, NY, has withdrawn as a Drive, Springfield, Virginia 22152. Attorney General and the Federal Trade party to this venture. SUPPLEMENTARY INFORMATION: The Commission disclosing changes in its No other changes have been made in Attorney General has delegated his Membership. The notifications were either the membership or planned authority under the Controlled filed for the purpose of extending the activity of the group research project. Substances Act to the Administrator of Act’s provisions limiting the recovery of Membership in this group research the Drug Enforcement Administration antitrust plaintiffs to actual damages project remains open, and NCOIC (DEA), 28 CFR 0.100(b). Authority to under specified circumstances. intends to file additional written exercise all necessary functions with Specifically, Air Force Mantech (AFRL/ notifications disclosing all changes in respect to the promulgation and RXM), Wright-Patterson Air Force Base, membership. implementation of 21 CFR part 1301, OH; and 3M, St. Paul, MN, have been On November 19, 2004, NCOIC filed incident to the registration of added as parties to this venture. its original notification pursuant to manufacturers, distributors, dispensers, No other changes have been made in Section 6(a) of the Act. The Department either the membership or planned of Justice published a notice in the importers, and exporters of controlled activity of the group research project. Federal Register pursuant to Section substances (other than final orders in Membership in this group research 6(b) of the Act on February 2, 2005 (70 connection with suspension, denial, or project remains open and RIC-Americas FR 5486). revocation of registration) has been intends to file additional written The last notification was filed with redelegated to the Assistant notifications disclosing all changes in the Department on May 26, 2016. A Administrator of the DEA Diversion membership or planned activities. notice was published in the Federal Control Division (‘‘Assistant On April 30, 2014, RIC-Americas filed Register pursuant to Section 6(b) of the Administrator’’) pursuant to section 7 of its original notification pursuant to Act on June 21, 2016 (81 FR 40351). 28 CFR part 0, appendix of subpart R. Section 6(a) of the Act. The Department In accordance with 21 CFR of Justice published a notice in the Patricia A. Brink, Federal Register pursuant to Section Director of Civil Enforcement, Antitrust 1301.34(a), this is notice that on 6(b) of the Act on June 9, 2014 (79 FR Division. September 30, 2016, Xcelience, 4901 32999). [FR Doc. 2017–06585 Filed 4–3–17; 8:45 am] West Grace Street, Tampa, Florida The last notification was filed with BILLING CODE P 33607 applied to be registered as an the Department on November 30, 2016. importer of amphetamine (1100), a basic A notice was published in the Federal class of controlled substance listed in Register pursuant to Section 6(b) of the DEPARTMENT OF JUSTICE schedule II. Act on January 11, 2017 (82 FR 3360). The company plans to import the Drug Enforcement Administration Patricia A. Brink, listed controlled substance in finished dosage form for clinical trials, research Director of Civil Enforcement, Antitrust [Docket No. DEA–392] Division. and analytical purposes. [FR Doc. 2017–06586 Filed 4–3–17; 8:45 am] Importer of Controlled Substances The import of this class of controlled BILLING CODE P Application: Xcelience substance will be granted only for analytical testing, research and clinical ACTION: Notice of application. trials. This authorization does not DEPARTMENT OF JUSTICE extend to the import of a finished FDA DATES: Registered bulk manufacturers of Antitrust Division approved or non-approved dosage form the affected basic class, and applicants for commercial sale. therefore, may file written comments on Notice Pursuant to the National Dated: March 24, 2017. Cooperative Research and Production or objections to the issuance of the Louis J. Milione, Act of 1993—Network Centric proposed registration in accordance Operations Industry Consortium, Inc. with 21 CFR 1301.34(a) on or before Assistant Administrator. May 4, 2017. Such persons may also file [FR Doc. 2017–06555 Filed 4–3–17; 8:45 am] Notice is hereby given that, on March a written request for a hearing on the BILLING CODE 4410–09–P 13, 2017, pursuant to Section 6(a) of the application pursuant to 21 CFR 1301.43 National Cooperative Research and on or before May 4, 2017.

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NATIONAL AERONAUTICS AND location to be visited, escort/sponsor They will also become a matter of SPACE ADMINISTRATION name with contact data, and preferred public record. meeting/event sessions when options [Notice: (17–017)] Frances Teel, are available. When parking is provided NASA PRA Clearance Officer. Notice of Information Collection on federal owned/leased space, driver’s license information as well as vehicle [FR Doc. 2017–06548 Filed 4–3–17; 8:45 am] AGENCY: National Aeronautics and make/model/tag information will be BILLING CODE 7510–13–P Space Administration (NASA). collected. ACTION: Notice of information collection. When visitors/vendors are permitted NATIONAL AERONAUTICS AND to bring equipment and/or event set-up SUMMARY: SPACE ADMINISTRATION The National Aeronautics and materials such as booths and displays. Space Administration, as part of its Information will be collected to issue Notice: (17–016) continuing effort to reduce paperwork property passes and coordinate and respondent burden, invites the equipment/property delivery as well as Notice of Information Collection general public and other Federal set-up requirements to include electrical AGENCY: National Aeronautics and agencies to take this opportunity to power, internet capability, etc. comment on proposed and/or Space Administration (NASA). continuing information collections, as NASA collects, stores, and secures ACTION: Notice of information collection. information from individuals requiring required by the Paperwork Reduction SUMMARY: The National Aeronautics and Act of 1995. routine and intermittent access in a manner consistent with the Constitution Space Administration, as part of its DATES: All comments should be and applicable laws, including the continuing effort to reduce paperwork submitted within 30 calendar days from Privacy Act (5 U.S.C. 552a) and the and respondent burden, invites the the date of this publication. Paperwork Reduction Act. general public and other Federal ADDRESSES: Interested persons are agencies to take this opportunity to invited to submit written comments II. Method of Collection comment on proposed and/or regarding the proposed information Electronic. continuing information collections, as collection to the Office of Information required by the Paperwork Reduction and Regulatory Affairs, Office of III. Data Act of 1995 (Pub. L. 104–13, 44 U.S.C. Management and Budget, 725 7th Street 3506(c)(2)(A)). Title: The NASA Visitor Management NW., Washington, DC 20543. Attention: System for Intermittent Access to NASA DATES: All comments should be Desk Officer for NASA. Hosted/Sponsored Events and submitted within 30 calendar days from FOR FURTHER INFORMATION CONTACT: Activities. the date of this publication. Requests for additional information or ADDRESSES: OMB Number: 2700–XXXX. Interested persons are copies of the information collection invited to submit written comments instrument(s) and instructions should Type of Review: Active Information regarding the proposed information be directed to Frances Teel, NASA Collection without OMB Approval. collection to the Office of Information Clearance Officer, NASA Headquarters, Affected Public: Individuals. and Regulatory Affairs, Office of 300 E Street SW., JF0000, Washington, Estimated Number of Respondents: Management and Budget, 725 7th Street DC 20546, (202) 358–2225. 400,000. NW., Washington, DC 20543. Attention: SUPPLEMENTARY INFORMATION: Estimated Time per Response: 8 Desk Officer for NASA. FOR FURTHER INFORMATION CONTACT: I. Abstract minutes. Estimated Total Annual Public Requests for additional information or NASA hosts/sponsors numerous Burden Hours: 53,333. copies of the information collection events on federally owned/leased instrument(s) and instructions should Estimated Total Annual Public Cost: property which are open to NASA be directed to Frances Teel, NASA $0. affiliates and members of the public. Clearance Officer, NASA Headquarters, The events include but are not limited IV. Request for Comments 300 E Street SW., JF0000, Washington, to meetings, conferences, briefings, DC 20546. Comments are invited on: (1) Whether public outreach activities, tours, focus SUPPLEMENTARY INFORMATION: groups, etc. Visitor access is the proposed collection of information substantiated by a credentialed NASA is necessary for the proper performance I. Abstract sponsor who validates the visitor’s need of the functions of NASA, including Contractors performing research and to access a building/area, guest whether the information collected has development are required by statutes, networking services, etc. for a specific practical utility; (2) the accuracy of NASA implementing regulations, and event/purpose. Information is collected NASA’s estimate of the burden OMB policy to submit reports of to validate identity and enable (including hours and cost) of the inventions, patents, data, and intermittent access to activities. proposed collection of information; (3) copyrights, including the utilization and Currently, visitor registration is ways to enhance the quality, utility, and disposition of same. The NASA New accomplished via several electronic and clarity of the information to be Technology Summary Report reporting paper processes. The NASA Office of collected; and (4) ways to minimize the form is being used for this purpose. Protective Services is transitioning to a burden of the collection of information one-NASA process to manage access for on respondents, including automated II. Method of Collection visitors with an affiliation less than 30- collection techniques or the use of other NASA FAR Supplement clauses for days. forms of information technology. patent rights and new technology NASA may collect event registration Comments submitted in response to encourage the contractor to use an information to include but not limited this notice will be summarized and electronic form and provide a hyperlink to a visitor’s name, address, citizenship, included in the request for OMB to the electronic New Technology biometric data, purpose of visit, the approval of this information collection. Reporting Web (eNTRe) site http://

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invention.nasa.gov. This Web site is SUMMARY: We are conducting an annual Bennett at the phone number, mailing designed to enable parties under NASA meeting open to the public. The purpose address, or email address listed above. funding agreements (i.e., contracts, of the meeting is to discuss OGIS’s Alina M. Semo, grants, cooperative agreements, and reviews and reports and to allow subcontracts) to report new technology interested people to present oral or Director, Office of Government Information Services. information directly, via a secure written statements. Internet connection, to NASA. [FR Doc. 2017–06650 Filed 4–3–17; 8:45 am] DATES: The meeting will be Thursday, BILLING CODE 7515–01–P III. Data April 20, 2017, from 9:00 a.m. to 9:45 Title: NASA FAR Supplement (NFS) a.m. EDT. Please register for the meeting 1827—Patents, Data, and Copyrights. no later than April 18, 2017, at 5:00 p.m. NUCLEAR REGULATORY OMB Number: 2700–0052. EDT. COMMISSION Type of Review: Extension of a Location: National Archives and [NRC–2017–0075] currently approved collection. Records Administration (NARA); 700 Affected Public: Businesses or other Pennsylvania Avenue NW.; William G. Applications and Amendments to for-profit institutions. McGowan Theater; Washington, DC Facility Operating Licenses and Estimated Number of Respondents: 20408. Combined Licenses Involving 2,240. Proposed No Significant Hazards Estimated Time per Response: 5 hours FOR FURTHER INFORMATION CONTACT: Considerations and Containing average. Amy Bennett, by mail at National Sensitive Unclassified Non-Safeguards Estimated Total Annual Burden Archives and Records Administration; Information and Safeguards Hours: 11,395. Office of Government Information Information and Order Imposing Estimated Total Annual Cost: Services; 8601 Adelphi Road—OGIS; Procedures for Access to Sensitive $736,916. College Park, MD 20740–6001, by Unclassified Non-Safeguards telephone at 202–741–5782, or by email Information and Safeguards IV. Request for Comments at [email protected]. Information Comments are invited on—(1) SUPPLEMENTARY INFORMATION: We are AGENCY: Nuclear Regulatory Whether the proposed collection of conducting this open meeting in Commission. information is necessary for the proper accordance with the Freedom of ACTION: License amendment request; performance of the functions of NASA, Information Act, 5 U.S.C. 552(h)(6). including whether the information opportunity to comment, request a You can find summaries of OGIS’s collected has practical utility; (2) the hearing, and petition for leave to work in our Annual Reports, athttps:// accuracy of NASA’s estimate of the intervene; order imposing procedures. www.ogis.archives.gov/about-ogis/ burden (including hours and cost) of the annual-reports.htm. Our Fiscal Year SUMMARY: The U.S. Nuclear Regulatory proposed collection of information; (3) 2016 Annual Report (https:// Commission (NRC) received and is ways to enhance the quality, utility, and www.ogis.archives.gov/Assets/FY+2016 considering approval of one amendment clarity of the information to be +Annual+Report.pdf?method=1) was request. The amendment request is for collected; and (4) ways to minimize the published during Sunshine Week Southern California Edison Company, burden of the collection of information (March 12–18, 2017). San Onofre Nuclear Generating Station, on respondents, including automated Units 1, 2, and 3 (SONGS). This Procedures: The meeting is open to collection techniques or the use of other amendment request contains sensitive the public. Due to security forms of information technology. unclassified non-safeguards information requirements, you must register in Comments submitted in response to (SUNSI) and safeguards information advance if you wish to attend the this notice will be summarized and (SGI). The proposed amendment would meeting. You will also go through included in the request for OMB revise the Physical Security Plan, security screening when you enter the approval of this information collection. Training and Qualification Plan, and building. Registration for the meeting They will also become a matter of Safeguards Contingency Plan and will go live via Eventbrite on April 1, public record. remove the Cyber Security requirements 2017, at 10:00 a.m. EDT. To register for from the Facility Operating Licenses at Frances Teel, the meeting, please do so at this SONGS to reflect the permanently NASA PRA Clearance Officer. Eventbrite link: https://www.eventbrite shutdown and defueled status of the [FR Doc. 2017–06547 Filed 4–3–17; 8:45 am] .com/e/office-of-government- facility. For this amendment request, the BILLING CODE 7510–13–P information-services-annual-open- NRC proposes to determine that it meeting-april-20–2017-registration- involves no significant hazards 33089414329 consideration. Because the amendment NATIONAL ARCHIVES AND RECORDS We will also live-stream this program request contains sensitive unclassified ADMINISTRATION on the U.S. National Archives’ YouTube non-safeguards information (SUNSI) channel, at https://www.youtube.com/ and safeguards information (SGI) an Office of Government Information user/usnationalarchives/playlists. The Services order imposes procedures to obtain webcast will include a captioning access to SUNSI and SGI for contention [NARA–2017–033] option. To request additional preparation. accommodations (e.g., a transcript), DATES: Comments must be filed by May Office of Government Information email [email protected] or call 202–741– 4, 2017. A request for a hearing must be Services (OGIS); Annual Open Meeting 5770. filed by June 5, 2017. Any potential AGENCY: National Archives and Records Members of the media who wish to party as defined in § 2.4 of title 10 of the Administration (NARA). register, those who are unable to register Code of Federal Regulations (10 CFR), online, and those who require special who believes access to SUNSI and/or ACTION: Annual open meeting notice. accommodations, should contact Amy SGI is necessary to respond to this

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notice must request document access by • NRC’s PDR: You may examine and of the facility in accordance with the April 14, 2017. purchase copies of public documents at proposed amendment would not (1) ADDRESSES: You may submit comments the NRC’s PDR, Room O1–F21, One involve a significant increase in the by any of the following methods (unless White Flint North, 11555 Rockville probability or consequences of an this document describes a different Pike, Rockville, Maryland 20852. accident previously evaluated, or (2) create the possibility of a new or method for submitting comments on a B. Submitting Comments specific subject): different kind of accident from any • Federal Rulemaking Web site: Go to Please include Docket ID NRC–2017– accident previously evaluated, or (3) http://www.regulations.gov and search 0075, facility name, unit number(s), involve a significant reduction in a for Docket ID NRC–2017–0075. Address plant docket number, application date, margin of safety. The basis for this questions about NRC dockets to Carol and subject in your comment proposed determination for each Gallagher; telephone: 301–415–3463; submission. amendment request is shown below. email: [email protected]. For The NRC cautions you not to include The Commission is seeking public technical questions, contact the identifying or contact information that comments on this proposed individual listed in the FOR FURTHER you do not want to be publicly determination. Any comments received INFORMATION CONTACT section of this disclosed in your comment submission. within 30 days after the date of document. The NRC will post all comment publication of this notice will be • Mail comments to: Cindy Bladey, submissions at http:// considered in making any final Office of Administration, Mail Stop: www.regulations.gov as well as enter the determination. OWFN–12–H08, U.S. Nuclear comment submissions into ADAMS. Normally, the Commission will not Regulatory Commission, Washington, The NRC does not routinely edit issue the amendment until the DC 20555–0001. comment submissions to remove expiration of 60 days after the date of For additional direction on obtaining identifying or contact information. publication of this notice. The information and submitting comments, If you are requesting or aggregating Commission may issue the license see ‘‘Obtaining Information and comments from other persons for amendment before expiration of the 60- Submitting Comments’’ in the submission to the NRC, then you should day period provided that its final SUPPLEMENTARY INFORMATION section of inform those persons not to include determination is that the amendment this document. identifying or contact information that involves no significant hazards FOR FURTHER INFORMATION CONTACT: they do not want to be publicly consideration. In addition, the Beverly Clayton, Office of Nuclear disclosed in their comment submission. Commission may issue the amendment Reactor Regulation, U.S. Nuclear Your request should state that the NRC prior to the expiration of the 30-day Regulatory Commission, Washington, does not routinely edit comment comment period if circumstances DC 20555–0001; telephone: 301–415– submissions to remove such information change during the 30-day comment 3475, email: [email protected]. before making the comment period such that failure to act in a submissions available to the public or timely way would result, for example, SUPPLEMENTARY INFORMATION: entering the comment into ADAMS. in derating or shutdown of the facility. I. Obtaining Information and If the Commission takes action prior to Submitting Comments II. Background the expiration of either the comment Pursuant to Section 189a.(2) of the period or the notice period, it will A. Obtaining Information Atomic Energy Act of 1954, as amended publish a notice of issuance in the Please refer to Docket ID NRC–2017– (the Act), the NRC is publishing this Federal Register. If the Commission 0075, facility name, unit number(s), notice. The Act requires the makes a final no significant hazards plant docket number, application date, Commission to publish notice of any consideration determination, any and subject when contacting the NRC amendments issued, or proposed to be hearing will take place after issuance. about the availability of information for issued and grants the Commission the The Commission expects that the need this action. You may obtain publicly- authority to issue and make to take this action will occur very available information related to this immediately effective any amendment infrequently. action by any of the following methods: to an operating license or combined • Federal rulemaking Web site: Go to A. Opportunity To Request a Hearing license, as applicable, upon a and Petition for Leave To Intervene http://www.regulations.gov and search determination by the Commission that for Docket ID NRC–2017–0075. such amendment involves no significant Within 60 days after the date of • NRC’s Agencywide Documents hazards consideration, notwithstanding publication of this notice, any persons Access and Management System the pendency before the Commission of (petitioner) whose interest may be (ADAMS): You may obtain publicly- a request for a hearing from any person. affected by this action may file a request available documents online in the This notice includes a notice of an for a hearing and petition for leave to ADAMS Public Documents collection at amendment containing SUNSI and SGI. intervene (petition) with respect to the http://www.nrc.gov/reading-rm/ action. Petitions shall be filed in adams.html. To begin the search, select III. Notice of Consideration of Issuance accordance with the Commission’s ‘‘ADAMS Public Documents’’ and then of Amendments to Facility Operating ‘‘Agency Rules of Practice and select ‘‘Begin Web-based ADAMS Licenses and Combined Licenses, Procedure’’ in 10 CFR part 2. Interested Search.’’ For problems with ADAMS, Proposed No Significant Hazards persons should consult a current copy please contact the NRC’s Public Consideration Determination, and of 10 CFR 2.309. The NRC’s regulations Document Room (PDR) reference staff at Opportunity for a Hearing are accessible electronically from the 1–800–397–4209, 301–415–4737, or by The Commission has made a NRC Library on the NRC’s Web site at email to [email protected]. The proposed determination that the http://www.nrc.gov/reading-rm/doc- ADAMS accession number for each following amendment requests involve collections/cfr/. Alternatively, a copy of document referenced (if it is available in no significant hazards consideration. the regulations is available at the NRC’s ADAMS) is provided the first time that Under the Commission’s regulations in Public Document Room, located at One it is mentioned in this document. 10 CFR 50.92, this means that operation White Flint North, Room O1–F21, 11555

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Rockville Pike (first floor), Rockville, that the filing demonstrates good cause position on the issues but may not Maryland 20852. If a petition is filed, by satisfying the three factors in 10 CFR otherwise participate in the proceeding. the Commission or a presiding officer 2.309(c)(1)(i) through (iii). The petition A limited appearance may be made at will rule on the petition and, if must be filed in accordance with the any session of the hearing or at any appropriate, a notice of a hearing will be filing instructions in the ‘‘Electronic prehearing conference, subject to the issued. Submissions (E-Filing)’’ section of this limits and conditions as may be As required by 10 CFR 2.309(d) the document. imposed by the presiding officer. Details petition should specifically explain the If a hearing is requested, and the regarding the opportunity to make a reasons why intervention should be Commission has not made a final limited appearance will be provided by permitted with particular reference to determination on the issue of no the presiding officer if such sessions are the following general requirements for significant hazards consideration, the scheduled. standing: (1) The name, address, and Commission will make a final telephone number of the petitioner; (2) determination on the issue of no B. Electronic Submissions (E-Filing) the nature of the petitioner’s right under significant hazards consideration. The All documents filed in NRC the Act to be made a party to the final determination will serve to adjudicatory proceedings, including a proceeding; (3) the nature and extent of establish when the hearing is held. If the request for hearing and petition for the petitioner’s property, financial, or final determination is that the leave to intervene (petition), any motion other interest in the proceeding; and (4) amendment request involves no or other document filed in the the possible effect of any decision or significant hazards consideration, the proceeding prior to the submission of a order which may be entered in the Commission may issue the amendment request for hearing or petition to proceeding on the petitioner’s interest. and make it immediately effective, intervene, and documents filed by In accordance with 10 CFR 2.309(f), notwithstanding the request for a interested governmental entities that the petition must also set forth the hearing. Any hearing would take place request to participate under 10 CFR specific contentions which the after issuance of the amendment. If the 2.315(c), must be filed in accordance petitioner seeks to have litigated in the final determination is that the with the NRC’s E-Filing rule (72 FR proceeding. Each contention must amendment request involves a 49139; August 28, 2007, as amended at consist of a specific statement of the significant hazards consideration, then 77 FR 46562; August 3, 2012). The E- issue of law or fact to be raised or any hearing held would take place Filing process requires participants to controverted. In addition, the petitioner before the issuance of the amendment submit and serve all adjudicatory must provide a brief explanation of the unless the Commission finds an documents over the internet, or in some bases for the contention and a concise imminent danger to the health or safety cases to mail copies on electronic statement of the alleged facts or expert of the public, in which case it will issue storage media. Detailed guidance on opinion which support the contention an appropriate order or rule under 10 making electronic submissions may be and on which the petitioner intends to CFR part 2. found in the Guidance for Electronic rely in proving the contention at the A State, local governmental body, Submissions to the NRC and on the NRC hearing. The petitioner must also Federally-recognized Indian Tribe, or Web site at http://www.nrc.gov/site- provide references to the specific agency thereof, may submit a petition to help/e-submittals.html. Participants sources and documents on which the the Commission to participate as a party may not submit paper copies of their petitioner intends to rely to support its under 10 CFR 2.309(h)(1). The petition filings unless they seek an exemption in position on the issue. The petition must should state the nature and extent of the accordance with the procedures include sufficient information to show petitioner’s interest in the proceeding. described below. that a genuine dispute exists with the The petition should be submitted to the To comply with the procedural applicant or licensee on a material issue Commission by June 5, 2017. The requirements of E-Filing, at least 10 of law or fact. Contentions must be petition must be filed in accordance days prior to the filing deadline, the limited to matters within the scope of with the filing instructions in the participant should contact the Office of the proceeding. The contention must be ‘‘Electronic Submissions (E-Filing)’’ the Secretary by email at one which, if proven, would entitle the section of this document, and should [email protected], or by telephone petitioner to relief. A petitioner who meet the requirements for petitions set at 301–415–1677, to (1) request a digital fails to satisfy the requirements at 10 forth in this section, except that under identification (ID) certificate, which CFR 2.309(f) with respect to at least one 10 CFR 2.309(h)(2) a State, local allows the participant (or its counsel or contention will not be permitted to governmental body, or Federally representative) to digitally sign participate as a party. recognized Indian Tribe, or agency submissions and access the E-Filing Those permitted to intervene become thereof does not need to address the system for any proceeding in which it parties to the proceeding, subject to any standing requirements in 10 CFR is participating; and (2) advise the limitations in the order granting leave to 2.309(d) if the facility is located within Secretary that the participant will be intervene. Parties have the opportunity its boundaries. Alternatively, a State, submitting a petition or other to participate fully in the conduct of the local governmental body, Federally- adjudicatory document (even in hearing with respect to resolution of recognized Indian Tribe, or agency instances in which the participant, or its that party’s admitted contentions, thereof may participate as a non-party counsel or representative, already holds including the opportunity to present under 10 CFR 2.315(c). an NRC-issued digital ID certificate). evidence, consistent with the NRC’s If a hearing is granted, any person Based upon this information, the regulations, policies, and procedures. who is not a party to the proceeding and Secretary will establish an electronic Petitions must be filed no later than is not affiliated with or represented by docket for the hearing in this proceeding 60 days from the date of publication of a party may, at the discretion of the if the Secretary has not already this notice. Petitions and motions for presiding officer, be permitted to make established an electronic docket. leave to file new or amended a limited appearance pursuant to the Information about applying for a contentions that are filed after the provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the deadline will not be entertained absent making a limited appearance may make NRC’s public Web site at http:// a determination by the presiding officer an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/

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getting-started.html. Once a participant Rulemaking and Adjudications Staff. Security requirements from the Facility has obtained a digital ID certificate and Participants filing adjudicatory Operating Licenses at the San Onofre a docket has been created, the documents in this manner are Nuclear Generating Station, Units 1, 2, participant can then submit responsible for serving the document on and 3 (SONGS). The Security Plan will adjudicatory documents. Submissions all other participants. Filing is supersede the current Physical Security must be in Portable Document Format considered complete by first-class mail Plan, Training and Qualification Plan, (PDF). Additional guidance on PDF as of the time of deposit in the mail, or and Safeguards Contingency Plan at submissions is available on the NRC’s by courier, express mail, or expedited SONGS. These changes will more fully public Web site at http://www.nrc.gov/ delivery service upon depositing the reflect the permanently shutdown and site-help/electronic-sub-ref-mat.html. A document with the provider of the defueled status of the facility, as well as filing is considered complete at the time service. A presiding officer, having the reduced scope of potential the document is submitted through the granted an exemption request from radiological accidents and security NRC’s E-Filing system. To be timely, an using E-Filing, may require a participant concerns once all spent fuel has been electronic filing must be submitted to or party to use E-Filing if the presiding permanently moved to dry cask storage the E-Filing system no later than 11:59 officer subsequently determines that the within the onsite SONGS independent p.m. Eastern Time on the due date. reason for granting the exemption from spent fuel storage installation (ISFSI), an Upon receipt of a transmission, the E- use of E-Filing no longer exists. activity which is currently scheduled Filing system time-stamps the document Documents submitted in adjudicatory for completion in 2019. and sends the submitter an email notice proceedings will appear in the NRC’s Basis for proposed no significant confirming receipt of the document. The electronic hearing docket which is hazards consideration determination: E-Filing system also distributes an email available to the public at https:// As required by 10 CFR 50.91(a), the notice that provides access to the adams.nrc.gov/ehd, unless excluded licensee has provided its analysis of the document to the NRC’s Office of the pursuant to an order of the Commission issue of no significant hazards General Counsel and any others who or the presiding officer. If you do not consideration, which is presented have advised the Office of the Secretary have an NRC-issued digital ID certificate below: that they wish to participate in the as described above, click cancel when the link requests certificates and you 1. Does the proposed amendment involve proceeding, so that the filer need not a significant increase in the probability or serve the document on those will be automatically directed to the consequences of an accident previously participants separately. Therefore, NRC’s electronic hearing dockets where evaluated? applicants and other participants (or you will be able to access any publicly Response: No. their counsel or representative) must available documents in a particular The irradiated fuel at SONGS is currently apply for and receive a digital ID hearing docket. Participants are stored in the Units 2 and 3 spent fuel pool certificate before adjudicatory requested not to include personal (SFP) and at the SONGS ISFSI. In this documents are filed so that they can privacy information, such as social condition, the number of credible accidents/ obtain access to the documents via the security numbers, home addresses, or transients is significantly smaller than for a plant authorized to operate the reactor or E-Filing system. personal phone numbers in their filings, emplace or retain fuel in the reactor vessel. A person filing electronically using unless an NRC regulation or other law In addition, the proposed Plan reflects the the NRC’s adjudicatory E-Filing system requires submission of such future site configuration where all the may seek assistance by contacting the information. For example, in some remaining spent fuel in the SFP has been NRC’s Electronic Filing Help Desk instances, individuals provide home moved to the ISFSI with no intention to through the ‘‘Contact Us’’ link located addresses in order to demonstrate return spent fuel to the SFP. In this on the NRC’s public Web site at http:// proximity to a facility or site. With configuration, the Fuel Handling Accident www.nrc.gov/site-help/e- respect to copyrighted works, except for would no longer be credible. The probability submittals.html, by email to limited excerpts that serve the purpose and consequences of the remaining SONGS Updated Final Safety Analysis Report [email protected], or by a toll- of the adjudicatory filings and would (UFSAR) Chapter 15 events are not free call at 1–866–672–7640. The NRC constitute a Fair Use application, significantly affected by the proposed Electronic Filing Help Desk is available participants are requested not to include changes to the existing Security Plan because between 9 a.m. and 6 p.m., Eastern copyrighted materials in their the proposed changes have no effect on plant Time, Monday through Friday, submission. systems, structures, and components (SSCs) excluding government holidays. and no effect on the capability of any plant Participants who believe that they Southern California Edison Company, et SSC to perform its design function. The have a good cause for not submitting al., Docket Nos. 50–206, 50–361, and proposed changes would not increase the documents electronically must file an 50–362, San Onofre Nuclear Generating likelihood of the malfunction of any plant exemption request, in accordance with Station, Units 1, 2, and 3, San Diego SSC. County, California Therefore, the proposed amendments do 10 CFR 2.302(g), with their initial paper not involve a significant increase in the filing stating why there is good cause for Date of amendment request: probability or consequences of a previously not filing electronically and requesting December 19, 2016. A publicly-available evaluated accident. authorization to continue to submit version is in ADAMS under Package 2. Does the proposed amendment create documents in paper format. Such filings Accession No. ML17037D114. the possibility of a new or different kind of must be submitted by: (1) First class Description of amendment request: accident from any accident previously mail addressed to the Office of the This amendment request contains evaluated? Secretary of the Commission, U.S. sensitive unclassified non-safeguards Response: No. Nuclear Regulatory Commission, information (SUNSI) and safeguards The proposed amendments constitute a Washington, DC 20555–0001, Attention: information (SGI). The proposed revision of the emergency planning function commensurate with the ongoing and Rulemaking and Adjudications Staff; or amendment would revise the Physical anticipated reduction in radiological source (2) courier, express mail, or expedited Security Plan, Training and term at SONGS. delivery service to the Office of the Qualification Plan, and Safeguards The proposed amendments do not involve Secretary, 11555 Rockville Pike, Contingency Plan (the ‘‘Plan’’ or significant physical alteration of the plant. Rockville, Maryland 20852, Attention: ‘‘Security Plan’’) and remove the Cyber The proposed license amendments would not

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physically change any SSCs involved in the Order is intended to conflict with the granted, including the identity of any safe storage of spent fuel or the mitigation of SGI regulations. expert, consultant, or assistant who will any postulated accident. Thus, no new B. Within 10 days after publication of aid the requestor in evaluating the SGI. initiators or precursors of a new or different this notice of hearing and opportunity to In addition, the request must contain kind of accident are created. Furthermore, the proposed amendments do not create the petition for leave to intervene, any the following information: possibility of a new failure mode associated potential party who believes access to (a) A statement that explains each with any equipment or personnel failures. SUNSI or SGI is necessary to respond to individual’s ‘‘need to know’’ the SGI, as The credible events for the ISFSI remain this notice may request access to SUNSI required by 10 CFR 73.2 and 10 CFR unchanged. or SGI. A ‘‘potential party’’ is any 73.22(b)(1). Consistent with the Therefore, the proposed amendments do person who intends to participate as a definition of ‘‘need to know’’ as stated not create the possibility of a new or different party by demonstrating standing and in 10 CFR 73.2, the statement must kind of accident from any previously filing an admissible contention under 10 explain: evaluated. CFR 2.309. Requests for access to SUNSI (i) Specifically why the requestor 3. Does the proposed amendment involve believes that the information is a significant reduction in a margin of safety? or SGI submitted later than 10 days after Response: No. publication will not be considered necessary to enable the requestor to Because the 10 CFR part 50 licenses for absent a showing of good cause for the proffer and/or adjudicate a specific SONGS no longer authorize operation of the late filing, addressing why the request contention in this proceeding; 2 and reactors or emplacement or retention of fuel could not have been filed earlier. (ii) The technical competence into the reactor vessels, as specified in 10 C. The requestor shall submit a letter (demonstrable knowledge, skill, training CFR 50.82(a)(2), the occurrence of postulated requesting permission to access SUNSI, or education) of the requestor to accidents associated with reactor operation is SGI, or both to the Office of the effectively utilize the requested SGI to no longer credible. With all nuclear spent Secretary, U.S. Nuclear Regulatory provide the basis and specificity for a fuel transferred out of wet storage from the proffered contention. The technical spent fuel pools and placed in dry storage Commission, Washington, DC 20555– within the ISFSI, a fuel handling accident is 0001, Attention: Rulemakings and competence of a potential party or its no longer credible. The proposed Adjudications Staff, and provide a copy counsel may be shown by reliance on a amendments do not involve a change in the to the Associate General Counsel for qualified expert, consultant, or assistant plant’s design, configuration, or operation. Hearings, Enforcement and who satisfies these criteria. There are no modifications associated with Administration, Office of the General (b) A completed Form SF–85, this proposed amendment that would affect Counsel, U.S. Nuclear Regulatory ‘‘Questionnaire for Non-Sensitive either the way in which the plant SSCs Commission, Washington, DC 20555– Positions,’’ for each individual who perform their safety functions or their design 0001. The expedited delivery or courier would have access to SGI. The margins. mail address for both offices is: U.S. completed Form SF–85 will be used by Therefore, the proposed amendments do the Office of Administration to conduct not involve a significant reduction in a Nuclear Regulatory Commission, 11555 margin of safety. Rockville Pike, Rockville, Maryland the background check required for 20852. The email address for the Office access to SGI, as required by 10 CFR The NRC staff has reviewed the of the Secretary and the Office of the part 2, subpart C, and 10 CFR licensee’s analysis and, based on this General Counsel are Hearing.Docket@ 73.22(b)(2), to determine the requestor’s review, it appears that the three nrc.gov and [email protected], trustworthiness and reliability. For standards of 10 CFR 50.92(c) are respectively.1 The request must include security reasons, Form SF–85 can only satisfied. Therefore, the NRC staff the following information: be submitted electronically through the proposes to determine that the (1) A description of the licensing electronic questionnaire for amendment request involves no action with a citation to this Federal investigations processing (e-QIP) Web significant hazards consideration. Register notice; site, a secure Web site that is owned and Attorney for licensee: Walker A. (2) The name and address of the operated by the Office of Personnel Matthews, Esquire, Southern California potential party and a description of the Management. To obtain online access to Edison Company, 2244 Walnut Grove potential party’s particularized interest the form, the requestor should contact Avenue, Rosemead, California 91770. that could be harmed by the action the NRC’s Office of Administration at NRC Branch Chief: Bruce Watson, identified in C.(1); 301–415–3710.3 CHP. (3) If the request is for SUNSI, the (c) A completed Form FD–258 Order Imposing Procedures for Access identity of the individual or entity (fingerprint card), signed in original ink, to Sensitive Unclassified Non- requesting access to SUNSI and the and submitted in accordance with 10 Safeguards Information and Safeguards requestor’s basis for the need for the CFR 73.57(d). Copies of Form FD–258 Information for Contention Preparation information in order to meaningfully may be obtained by writing the Office of participate in this adjudicatory Administrative Services, Mail Services Southern California Edison Company, et proceeding. In particular, the request Center, Mail Stop P1–37, U.S. Nuclear al., Docket Nos. 50–206, 50–361, and must explain why publicly available 50–362, San Onofre Nuclear Generating versions of the information requested 2 Broad SGI requests under these procedures are Stations, Units 1, 2, and 3, San Diego would not be sufficient to provide the unlikely to meet the standard for need to know; County, California furthermore, NRC staff redaction of information basis and specificity for a proffered from requested documents before their release may A. This Order contains instructions contention; and be appropriate to comport with this requirement. regarding how potential parties to this (4) If the request is for SGI, the These procedures do not authorize unrestricted proceeding may request access to identity of each individual who would disclosure or less scrutiny of a requestor’s need to know than ordinarily would be applied in documents containing sensitive have access to SGI if the request is connection with an already-admitted contention or unclassified information (including non-adjudicatory access to SGI. Sensitive Unclassified Non-Safeguards 1 While a request for hearing or petition to 3 The requestor will be asked to provide his or her Information (SUNSI) and Safeguards intervene in this proceeding must comply with the full name, social security number, date and place filing requirements of the NRC’s ‘‘E-Filing Rule,’’ of birth, telephone number, and email address. Information (SGI)). Requirements for the initial request to access SUNSI and/or SGI After providing this information, the requestor access to SGI are primarily set forth in under these procedures should be submitted as usually should be able to obtain access to the online 10 CFR parts 2 and 73. Nothing in this described in this paragraph. form within one business day.

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Regulatory Commission, Washington, C.(3) or C.(4) above, as applicable, the Alternatively, recipients may opt to DC 20555–0001, or by email to NRC staff will determine within 10 days view SGI at an approved SGI storage [email protected]. The of receipt of the request whether: location rather than establish their own fingerprint card will be used to satisfy (1) There is a reasonable basis to SGI protection program to meet SGI the requirements of 10 CFR part 2, believe the petitioner is likely to protection requirements. subpart C, 10 CFR 73.22(b)(1), and establish standing to participate in this I. Filing of Contentions. Any Section 149 of the Atomic Energy Act of NRC proceeding; and contentions in these proceedings that 1954, as amended, which mandates that (2) The requestor has established a are based upon the information received all persons with access to SGI must be legitimate need for access to SUNSI or as a result of the request made for fingerprinted for an FBI identification need to know the SGI requested. SUNSI or SGI must be filed by the and criminal history records check. F. For requests for access to SUNSI, if requestor no later than 25 days after (d) A check or money order payable the NRC staff determines that the receipt of (or access to) that information. in the amount of $324.00 4 to the U.S. requestor satisfies both E.(1) and E.(2) However, if more than 25 days remain Nuclear Regulatory Commission for above, the NRC staff will notify the between the petitioner’s receipt of (or each individual for whom the request requestor in writing that access to access to) the information and the for access has been submitted. SUNSI has been granted. The written deadline for filing all other contentions (e) If the requestor or any notification will contain instructions on (as established in the notice of hearing individual(s) who will have access to how the requestor may obtain copies of or opportunity for hearing), the SGI believes they belong to one or more the requested documents, and any other petitioner may file its SUNSI or SGI of the categories of individuals that are conditions that may apply to access to contentions by that later deadline. exempt from the criminal history those documents. These conditions may J. Review of Denials of Access. records check and background check include, but are not limited to, the (1) If the request for access to SUNSI requirements in 10 CFR 73.59, the signing of a Non-Disclosure Agreement or SGI is denied by the NRC staff either requestor should also provide a or Affidavit, or Protective Order setting after a determination on standing and statement identifying which exemption forth terms and conditions to prevent requisite need, or after a determination the requestor is invoking and explaining the unauthorized or inadvertent on trustworthiness and reliability, the the requestor’s basis for believing that disclosure of SUNSI by each individual NRC staff shall immediately notify the the exemption applies. While who will be granted access to SUNSI.5 requestor in writing, briefly stating the processing the request, the Office of G. For requests for access to SGI, if the reason or reasons for the denial. Administration, Personnel Security NRC staff determines that the requestor (2) Before the Office of Branch, will make a final determination has satisfied both E.(1) and E.(2) above, Administration makes a final adverse whether the claimed exemption applies. the Office of Administration will then determination regarding the Alternatively, the requestor may contact determine, based upon completion of trustworthiness and reliability of the the Office of Administration for an the background check, whether the proposed recipient(s) for access to SGI, evaluation of their exemption status proposed recipient is trustworthy and the Office of Administration, in prior to submitting their request. reliable, as required for access to SGI by accordance with 10 CFR 2.336(f)(1)(iii), Persons who are exempt from the 10 CFR 73.22(b). If the Office of must provide the proposed recipient(s) background check are not required to Administration determines that the any records that were considered in the complete the SF–85 or Form FD–258; individual or individuals are trustworthiness and reliability however, all other requirements for trustworthy and reliable, the NRC will determination, including those required access to SGI, including the need to promptly notify the requestor in writing. to be provided under 10 CFR know, are still applicable. The notification will provide the names 73.57(e)(1), so that the proposed of approved individuals as well as the recipient(s) have an opportunity to Note: Copies of documents and materials correct or explain the record. required by paragraphs C.(4)(b), (c), and (d) conditions under which the SGI will be provided. Those conditions may (3) The requestor may challenge the of this Order must be sent to the following NRC staff’s adverse determination with address: U.S. Nuclear Regulatory include, but are not limited to, the Commission, ATTN: Personnel Security signing of a Non-Disclosure Agreement respect to access to SUNSI or with Branch, Mail Stop TWFN–03–B46M, 11555 or Affidavit, or Protective Order 6 by respect to standing or need to know for Rockville Pike, Rockville, MD 20852. each individual who will be granted SGI by filing a challenge within 5 days of receipt of that determination with: (a) These documents and materials access to SGI. The presiding officer designated in this should not be included with the request H. Release and Storage of SGI. Prior proceeding; (b) if no presiding officer letter to the Office of the Secretary, but to providing SGI to the requestor, the has been appointed, the Chief the request letter should state that the NRC staff will conduct (as necessary) an Administrative Judge, or if he or she is forms and fees have been submitted as inspection to confirm that the unavailable, another administrative required. recipient’s information protection D. To avoid delays in processing system is sufficient to satisfy the judge, or an Administrative Law Judge requests for access to SGI, the requestor requirements of 10 CFR 73.22. with jurisdiction pursuant to 10 CFR should review all submitted materials 2.318(a); or (c) if another officer has for completeness and accuracy 5 Any motion for Protective Order or draft Non- been designated to rule on information (including legibility) before submitting Disclosure Affidavit or Agreement for SUNSI must access issues, with that officer. be filed with the presiding officer or the Chief (4) The requestor may challenge the them to the NRC. The NRC will return Administrative Judge if the presiding officer has not Office of Administration’s final adverse incomplete packages to the sender yet been designated, within 30 days of the deadline determination with respect to without processing. for the receipt of the written access request. E. Based on an evaluation of the 6 Any motion for Protective Order or draft Non- trustworthiness and reliability for access information submitted under paragraphs Disclosure Agreement or Affidavit for SGI must be to SGI by filing a request for review in filed with the presiding officer or the Chief accordance with 10 CFR 2.336(f)(1)(iv). Administrative Judge if the presiding officer has not 4 This fee is subject to change pursuant to the yet been designated, within 180 days of the (5) Further appeals of decisions under Office of Personnel Management’s adjustable billing deadline for the receipt of the written access this paragraph must be made pursuant rates. request. to 10 CFR 2.311.

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K. Review of Grants of Access. A If challenges to the NRC staff propounded contentions meeting the party other than the requestor may determinations are filed, these specificity and basis requirements in 10 challenge an NRC staff determination procedures give way to the normal CFR part 2. The attachment to this granting access to SUNSI whose release process for litigating disputes Order summarizes the general target would harm that party’s interest concerning access to information. The schedule for processing and resolving independent of the proceeding. Such a availability of interlocutory review by requests under these procedures. challenge must be filed within 5 days of the Commission of orders ruling on It is so ordered. the notification by the NRC staff of its such NRC staff determinations (whether Dated at Rockville, Maryland, this 28th of grant of access and must be filed with: granting or denying access) is governed March 2017. 7 (a) The presiding officer designated in by 10 CFR 2.311. For the Nuclear Regulatory Commission. this proceeding; (b) if no presiding L. The Commission expects that the Annette L. Vietti-Cook, officer has been appointed, the Chief NRC staff and presiding officers (and Secretary of the Commission. Administrative Judge, or if he or she is any other reviewing officers) will unavailable, another administrative consider and resolve requests for access Attachment 1—General Target judge, or an Administrative Law Judge to SUNSI or SGI, and motions for Schedule for Processing and Resolving with jurisdiction pursuant to 10 CFR protective orders, in a timely fashion in Requests for Access to Sensitive 2.318(a); or (c) if another officer has order to minimize any unnecessary Unclassified Non-Safeguards been designated to rule on information delays in identifying those petitioners Information and Safeguards access issues, with that officer. who have standing and who have Information in This Proceeding

Day Event/activity

0 ...... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with in- structions for access requests. 10 ...... Deadline for submitting requests for access to Sensitive Unclassified Non Safeguards Information (SUNSI) and/or Safe- guards Information (SGI) with information: Supporting the standing of a potential party identified by name and address; de- scribing the need for the information in order for the potential party to participate meaningfully in an adjudicatory pro- ceeding; demonstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check. 60 ...... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formula- tion does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply). 20 ...... U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to know for SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the pro- ceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likeli- hood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (in- cluding fingerprinting for a criminal history records check), information processing (preparation of redactions or review of redacted documents), and readiness inspections. 25 ...... If NRC staff finds no ‘‘need,’’ no ‘‘need to know,’’ or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 30 ...... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 ...... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. 190 ...... (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regard- ing access to SGI, the proposed recipient must be provided an opportunity to correct or explain information. 205 ...... Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR 2.336(f)(1)(iv). A ...... If access granted: Issuance of a decision by a presiding officer or other designated officer on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision revers- ing a final adverse determination by the NRC staff. A + 3 ...... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order. A + 28 ...... Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the peti- tioner may file its SUNSI or SGI contentions by that later deadline. A + 53 ...... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. A + 60 ...... (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60 ...... Decision on contention admission.

7 Requestors should note that the filing 46562; August 3, 2012) apply to appeals of NRC applicable), but not to the initial SUNSI/SGI request requirements of the NRC’s E-Filing Rule (72 FR staff determinations (because they must be served submitted to the NRC staff under these procedures. 49139; August 28, 2007, as amended at 77 FR on a presiding officer or the Commission, as

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[FR Doc. 2017–06384 Filed 4–3–17; 8:45 am] ADAMS) is provided the first time that site. Based on the evidence developed BILLING CODE 7590–01–P it is mentioned in this document. during its records review, the NRC • NRC’s PDR: You may examine and identified five apparent violations. purchase copies of public documents at On October 4, 2016, the NRC issued NUCLEAR REGULATORY the NRC’s PDR, Room O1–F21, One a letter (Agencywide Documents Access COMMISSION White Flint North, 11555 Rockville and Management System [ADAMS] [Docket No. 040–08903; EA–16–114; NRC– Pike, Rockville, Maryland 20852. Accession No. ML16251A526) to HMC 2017–0087] FOR FURTHER INFORMATION CONTACT: that detailed the results of the records Susanne Woods, Office of Enforcement, inspection and outlined five apparent In the Matter of Homestake Mining U.S. Nuclear Regulatory Commission, violations. The apparent violations Company of California; Grants Washington, DC 20555–001; telephone: involved: (1) Implementation of the Reclamation Project 301–287–9446, email: S.Woods@ Reinjection Program in a manner inconsistent with HMC’s groundwater AGENCY: nrc.gov. Nuclear Regulatory Corrective Action Program (CAP); (2) SUPPLEMENTARY INFORMATION: The text of Commission. discharge of liquid effluents from the the Order is attached. ACTION: Confirmatory order; issuance. Reverse Osmosis (RO) Plant in excess of Dated at Rockville, Maryland, this 28th day SUMMARY: The U.S. Nuclear Regulatory the site ground water protection of March 2017. Commission (NRC) is issuing a standards established in the license; (3) confirmatory order (Order) to For the Nuclear Regulatory Commission. failure to report to the NRC the results Homestake Mining Company of Patricia K. Holahan, of all effluent monitoring required by California (HMC), to memorialize the Director, Office of Enforcement. the license; (4) failure to obtain monthly composite samples as required by the agreements reached during alternative United States of America dispute resolution mediation sessions license; and (5) the discharge of liquid held on December 12, 2016, and Nuclear Regulatory Commission effluents containing byproduct material February 15, 2017. This Order will EA–16–114 to land application areas without first resolve the apparent violations that obtaining NRC approval. In the Matter of Homestake Mining were identified during an NRC records In the October 4, 2016 letter, the NRC Company of California Grants review to determine if HMC was in offered HMC the choice to: (1) Request Reclamation Project Confirmatory compliance with regulatory and license a Pre-decisional Enforcement Order Modifying License requirements for HMC’s activities at the Conference (PEC) or (2) request ADR. Grants, New Mexico site. This Order is I In response to the NRC’s offer, HMC effective upon its issuance. requested the use of the NRC’s ADR Homestake Mining Company of process. The ADR mediation sessions DATES: Effective Date: This order was California, (HMC or Licensee) is the conducted on December 12, 2016 and issued and was effective on March 28, holder of Materials License No. SUA– February 15, 2017 between HMC and 2017. 1471 issued on November 10, 1986, by the NRC were mediated by a ADDRESSES: Please refer to Docket ID the U.S. Nuclear Regulatory professional mediator, arranged through NRC–2017–0087 when contacting the Commission (NRC) pursuant to Part 40 Cornell University’s Institute on NRC about the availability of of title 10 of the Code of Federal Conflict Resolution. The ADR process is information regarding this document. Regulations (10 CFR). The license one in which a neutral mediator, with You may obtain publicly-available authorizes HMC the possession, no decision-making authority, assists information related to this document incidental to decommissioning, of the parties in reaching an agreement on using any of the following methods: residual uranium and byproduct resolving any differences regarding the • Federal Rulemaking Web site: Go to material in the form of uranium waste dispute. This Confirmatory Order is http://www.regulations.gov and search tailings and other byproduct waste issued pursuant to the agreement for Docket ID NRC–2017–0087. Address generated by the licensee’s past milling reached during the ADR process. questions about NRC dockets to Carol operations in accordance with their Gallagher; telephone: 301–415–3463; license. The facility is located on the III email: [email protected]. For Licensee’s site in Grants, New Mexico. During the ADR mediation session on questions about this order, contact the This Confirmatory Order is the result February 15, 2017, HMC and the NRC individual listed in the FOR FURTHER of an agreement reached during reached a preliminary settlement INFORMATION CONTACT section of this Alternative Dispute Resolution (ADR) agreement. Prior to the ADR mediation document. mediation sessions conducted on • session on February 15, 2017, HMC NRC’s Agencywide Documents December 12, 2016, and February 15, completed the following corrective Access and Management System 2017. actions: (ADAMS): You may obtain publicly- II 1. As of November 2012, HMC ceased available documents online in the discharging irrigation water with ADAMS Public Documents collection at The NRC staff conducted a records effluents containing byproduct material, http://www.nrc.gov/reading-rm/ review from approximately October to land application areas, which adams.html. To begin the search, select 2014 to May 2016. The NRC staff consisted of the following lands in ‘‘ADAMS Public Documents’’ and then reviewed records dated from 1998 to Township 12 North, Range 10 West: select ‘‘Begin Web-based ADAMS 2015, including a letter, dated May 14, a. Section 28 (approximately 100 Search.’’ For problems with ADAMS, 2015, sent by HMC to the NRC in acres). please contact the NRC’s Public response to the NRC’s request for b. Section 33 (approximately 150 Document Room (PDR) reference staff at information. The purpose of the records acres and approximately 24 acres); 1–800–397–4209, 301–415–4737, or by review was to determine whether HMC c. Section 34 (approximately 120 email to [email protected]. The was in compliance with regulatory and acres); and ADAMS accession number for each license requirements for HMC’s 2. As of August 2016, HMC ceased document referenced (if it is available in activities at the Grants, New Mexico operation of the re-injection system

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described as apparent violation 1 in the the reasons for the apparent violations or procedures resulting from this NRC’s October 4, 2016 letter. documented in the NRC’s October 4, Confirmatory Order, HMC will either (1) The elements of the preliminary 2016 letter (ADAMS Accession No. submit to the NRC a license amendment settlement agreement developed during ML16251A526). HMC will submit any request(s), for NRC approval, or (2) the ADR mediation sessions included proposed corrective actions to the NRC update the appropriate HMC the following: for review and approval within 60 days procedure(s) after notification of the 1. The Parties’ agreement is a of completing the root cause analyses. NRC. All license amendment requests voluntary settlement of a dispute 8. HMC will complete an assessment resulting from this Confirmatory Order between the Parties and does not of all HMC activities to determine will be submitted to the NRC within 60 constitute any admission by HMC with whether all activities are authorized and days of receiving the results of NRC’s respect to non-compliance with License are being conducted in compliance with audit(s). All notifications of updates to No. SUA–1471. The NRC and HMC NRC requirements. The assessment will procedures resulting from this agree to disagree that the activities identify areas where clarity could be Confirmatory Order will be made to the resulted in violations of NRC added to the license. The assessment NRC by the end of calendar year 2018. requirements. will include a written report that 11. HMC will submit a revised 2. The NRC will issue the agreement identifies all areas assessed, the scope of groundwater CAP to the NRC by the end as a Confirmatory Order pursuant to 10 the assessment, the method used to of calendar year 2018, including CFR 2.202. perform the assessment, the results of amendments to the license approved by 3. In consideration of the each assessment and any corrective that date. The NRC and HMC will work, commitments delineated herein, the actions deemed appropriate. This report aggressively and in good faith, toward a NRC agrees to forgo seeking an NOV or will identify any proposed changes to goal of final approval of the civil penalty in this matter. The NRC the license and procedures. This groundwater CAP within a year from the will consider the Confirmatory Order as assessment will include a review of the date of submittal. an escalated enforcement. However, licensee’s Safety Culture, to identify any 12. HMC will conduct initial and NRC agrees that it will not use this actions that may be necessary to annual refresher training for all Confirmatory Order as an element in improve upon or enhance the Safety individuals (employees and vendors, any future action assessing civil Culture. commensurate with their duties) penalties per the Enforcement Policy 9. HMC will engage an independent engaged in licensed activities. unless the action involves a violation of third party consultant to review and a. The initial and annual training will this Confirmatory Order. evaluate HMC’s assessments described address awareness and understanding of 4. This agreement is binding upon the in Condition 8 of this section. That regulatory and license No. SUA–1471 successors and assigns of License No. review will include a written report that requirements, including but not SUA–1471. identifies all areas assessed, the scope of necessarily limited to informing HMC 5. Unless otherwise specified, all the assessment, the method used to employees of the jurisdiction of the documents required to be submitted to perform the assessment, the results of NRC, the Environmental Protection the NRC pursuant to this agreement each assessment, and any proposed Agency, and the New Mexico prior to NRC approval of the revised corrective actions. The evaluation will Environment Department over the groundwater Corrective Action Program include the effectiveness of any actions Grants site. The training may be an (CAP) described in Condition 11 of this proposed by HMC. electronic read and sign format. section will be sent to: Director, Office a. HMC will submit the name and b. HMC will maintain documentation of Enforcement, U.S. Nuclear Regulatory qualifications of the consultant for NRC for each training session conducted. The Commission, One White Flint North, approval within 30 days of issuance of training documentation will include a 11555 Rockville Pike, Rockville, MD this Confirmatory Order. summary of the contents of the training 20852–2738, with a copy to the Deputy b. HMC will submit a copy of the and the individuals in attendance. The Director, Division of Decommissioning, assessment described in Condition 8 of training documentation will be Uranium Recovery and Waste Programs, this section to the independent third maintained available for NRC inspection Two White Flint North, 11545 Rockville party consultant within 120 days of for 5 years after each training session. Pike, Rockville, MD 20852–2738. NRC approval of the independent third 13. HMC will use the mass balance 6. HMC will submit its root cause party consultant. methodology described in its revised protocol to an independent third party c. HMC will provide a copy of the 2012 groundwater CAP submittal, consultant with expertise in root cause HMC assessment, the consultant’s incorporating the issues raised in the analysis and provide a copy of the review report, and any modifications by Requests for Additional Information independent third party reviewed HMC as a result of the third party provided by NRC (ADAMS Package No. protocol to the NRC within 120 days of consultant’s report to the NRC within ML13360A224), and adapting the issuance of this Confirmatory Order. 120 days of submission of the HMC methodology for the purpose of The root cause protocol will also be assessment to the independent third completing an analysis of the re- available for review during future party consultant. injection system’s impact to the time inspections. The root cause protocol d. NRC will perform an audit of the estimate for completion of the submitted to the NRC will identify any assessment and the independent third groundwater CAP. The analysis will be changes made by the independent third party report and provide NRC audit completed within 120 days of issuance party reviewer and include a results in writing, including any of this Confirmatory Order. No less than qualification statement for the recommended changes. HMC will 30 days prior to its finalization of the re- independent third party reviewer. This incorporate NRC audit results in the injection analysis, HMC will discuss protocol will be used to complete actions described in Condition 10 of this with NRC the methodology, data, and Conditions 7, 8 and 9 of this section. section. analysis. HMC will provide to NRC all 7. Within 30 days of submitting to e. HMC will maintain copies of all discussion material at least 10 days NRC the root cause protocol in reports at the site for NRC inspection. prior to the discussion. NRC will Condition 6 of this section, HMC will 10. Unless otherwise specified, for perform an audit of the analysis, and use the root cause protocol to analyze any changes or additions to the license provide in writing NRC audit results,

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including any recommended changes. required by License Conditions 15 and NUREG–1620 (ADAMS Accession No. HMC will incorporate NRC audit results 42.’’ ML032250190) to demonstrate that the in the actions described in Condition 10 17. HMC will develop written discharge of byproduct material of this section. procedures to ensure that HMC will containing both radiological and non- 14. As soon as practicable, but not to sample all required composite samples radiological constituents did not impact exceed 30 days from issuance of this from Sample Point 2 (SP2) monthly and and will not impact members of the Confirmatory Order, HMC will adjust will report the results of those sample public or the environment. In addition, operations to better ensure compliance results in the semi-annual and annual HMC will take immediate action to with the Ground Water Protection reports required by License Conditions ensure that the land application areas Standards (GWPS) in License Condition 15 and 42. The procedure will include are not being used to produce crops for 35B as required by License Condition a requirement that if sampling is not human consumption. The land 35C and described in HMC’s submittal performed, a justification will be application assessment will be dated January 15, 1998 (ADAMS provided in the semi-annual report submitted for NRC review and approval Accession No. ML12291A910) and the required by License Condition 15 for within 180 days of issuance of this NRC’s approval dated March 5, 1998 that sampling period, e.g., ‘‘inadequate Confirmatory Order. (ADAMS Accession No. ML14203A023). volume of water collected per the 20. If the results of HMC’s analysis HMC will evaluate the procedure appropriate sampling procedure due to discussed in Condition 19 of this required by License Condition 23 to the RO plant being inoperable for 25 out section indicates that radiological doses ensure that the process is adequate to of 30 days during that sampling period.’’ and non-radiological risks are in excess reduce constituent concentrations to For clarity, this reporting requirement of the NRC-approved remedial action values below the GWPS listed in does not apply to additional samples levels, HMC will propose appropriate License Condition 35B before discharge. taken for operational purposes. For any measures to control both use and access 15. HMC will use the methodology report submitted to NRC, HMC will to the impacted areas, a corrective described in NUREG–1620 (ADAMS clearly identify all values at SP2 that action plan, if necessary, to achieve the Accession No. ML032250190) to analyze exceed GWPS or regulatory or license NRC-approved remedial action levels, the impact of exceedances documented limits for the COCs identified in License and final status survey plans to in the NRC’s October 4, 2016 letter to Condition 35B and corrective actions demonstrate that the radiological doses HMC. The analysis will be completed taken, if any, as a result of the and non-radiological risks are below within 120 days of issuance of this exceedances. HMC will submit these NRC-approved remedial action levels. If Confirmatory Order. No less than 30 procedures to NRC within 120 days of corrective actions are needed, HMC will days prior to its finalization of the issuance of this Confirmatory Order. submit corrective actions (that include impact of exceedances analysis, HMC 18. Condition 15 of License No. SUA– completion timeframes), for NRC will discuss with NRC the methodology, 1471 is amended by this Confirmatory approval, within 60 days of NRC’s data, and analysis. HMC will provide to Order to read as follows: approval of HMC’s land application the NRC all discussion material at least ‘‘The results of all effluent and assessment. 10 days prior to the discussion. The environmental monitoring required by NRC will perform an audit of the this license and regulation shall be 21. HMC will provide to the NRC an analysis and provide in writing, the reported semi-annually, by March 31 integrated table that sets forth all actions NRC audit results, including any and September 30. All groundwater taken pursuant to this Confirmatory recommended changes. HMC will monitoring data shall be reported per Order. An updated integrated table will incorporate the NRC audit results in the the requirements in License Condition be provided to the NRC semi-annually, actions described in Condition 10 of this 35.’’ until all license and procedure changes section. 19. HMC will identify sources of under this Confirmatory Order are In the event of a future non- supply water, soil and groundwater completed. compliance related to the GWPS, HMC data, and reports, and will use those 22. The NRC considers the actions will perform a similar assessment of the data to develop a land application discussed above, along with the NRC’s impacts of the non-compliance. HMC assessment of any impacts due to the specified approval, to be satisfactory, will report the incident to the NRC in use of the irrigation water containing appropriately prompt, and accordance with License Condition 40 byproduct material to past, current, or comprehensively responsive to the within 30 days of receipt of initial and foreseeable future uses of the land apparent violations identified in the confirmatory laboratory results. application areas in Township 12 North, NRC’s letter to HMC dated October 4, 16. Condition 35C of License No. Range 10 West, Sections 28 2016. SUA–1471 is amended by this (approximately 100 acres), 33 Based on the completed actions Confirmatory Order to read as follows: (approximately 150 acres and described above, and the commitments ‘‘Implement the corrective action approximately 24 acres), and 34 described in Section V below, the NRC program described in the September 15, (approximately 120 acres). The land agrees to not pursue any further 1989 submittal, as modified by the application assessment will establish enforcement action based on the reverse osmosis system described in the background concentrations, remedial apparent violations identified in the January 15, 1998 submittal, excluding action levels (radiological dose and non- NRC’s October 4, 2016 letter. all sampling and reporting requirements radiological risk), and current On March 21, 2017, HMC consented for Sample Point 1, with the objective of concentrations of COCs in its license at to issuing this Confirmatory Order with achieving the concentrations of all all areas used for land application. The the commitments, as described in constituents listed in License Condition land application assessment will also Section V below. HMC further agreed 35B. Composite samples from Sample identify and assess impacts from soil that this Confirmatory Order is to be Point 2 will be taken monthly and pore water data at the land application effective upon issuance, the agreement analyzed for the constituents listed in areas. HMC’s land application memorialized in this Confirmatory License Condition 35B; the results of assessment will be consistent with the Order settles the matter between the these analyses will be reported in the requirements of 10 CFR 20.2002 and in parties, and that HMC has waived its semi-annual and annual reports accordance with Appendix F1.4 of right to a hearing.

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IV assessment will include a review of the groundwater CAP within a year from the I find that the HMC actions licensee’s Safety Culture, to identify any date of submittal. 7. HMC will conduct initial and completed, as described in Section III actions that may be necessary to annual refresher training for all above, combined with the commitments improve upon or enhance the Safety individuals (employees and vendors, as set forth in Section V are acceptable Culture. commensurate with their duties) and necessary, and conclude that with 4. HMC will engage an independent engaged in licensed activities. these commitments the public health third party consultant to review and evaluate HMC’s assessments described a. The initial and annual training will and safety are reasonably assured. In address awareness and understanding of view of the foregoing, I have determined in Condition 3 of this section. That review will include a written report that regulatory and license No. SUA–1471 that public health and safety require requirements, including but not that HMC’s commitments be confirmed identifies all areas assessed, the scope of the assessment, the method used to necessarily limited to informing HMC by this Confirmatory Order. Based on employees of the jurisdiction of the the above and HMC’s consent, this perform the assessment, the results of each assessment, and any proposed NRC, the Environmental Protection Confirmatory Order is effective upon Agency, and the New Mexico issuance. corrective actions. The evaluation will include the effectiveness of any actions Environment Department over the V proposed by HMC. Grants site. The training may be an a. HMC will submit the name and electronic read and sign format. Accordingly, pursuant to Sections b. HMC will maintain documentation qualifications of the consultant for NRC 81,161b, 161i, 161o, 182 and 186 of the for each training session conducted. The approval within 30 days of issuance of Atomic Energy Act of 1954, as amended, training documentation will include a this Confirmatory Order. and the Commission’s regulations in 10 summary of the contents of the training b. HMC will submit a copy of the CFR 2.202 and 10 CFR part 40.71, it is and the individuals in attendance. The assessment described in Condition 3 of hereby ordered, EFFECTIVE UPON training documentation will be this section to the independent third ISSUANCE, THAT LICENSE NO. SUA– maintained available for NRC inspection 1471 IS MODIFIED AS FOLLOWS: party consultant within 120 days of for 5 years after each training session. 1. HMC will submit its root cause NRC approval of the independent third 8. HMC will use the mass balance protocol to an independent third party party consultant. methodology described in its revised consultant with expertise in root cause c. HMC will provide a copy of the 2012 groundwater CAP submittal, analysis and provide a copy of the HMC assessment, the consultant’s incorporating the issues raised in the independent third party reviewed review report, and any modifications by Requests for Additional Information protocol to the NRC within 120 days of HMC as a result of the third party provided by NRC (ADAMS Package No. issuance of this Confirmatory Order. consultant’s report to the NRC within ML13360A224), and adapting the The root cause protocol will also be 120 days of submission of the HMC methodology for the purpose of available for review during future assessment to the independent third completing an analysis of the re- inspections. The root cause protocol party consultant. injection system’s impact to the time submitted to the NRC will identify any d. NRC will perform an audit of the estimate for completion of the changes made by the independent third assessment and the independent third groundwater CAP. The analysis will be party reviewer and include a party report and provide NRC audit completed within 120 days of issuance qualification statement for the results in writing, including any of this Confirmatory Order. No less than independent third party reviewer. This recommended changes. HMC will 30 days prior to its finalization of the re- protocol will be used to complete incorporate NRC audit results in the injection analysis, HMC will discuss Conditions 2, 3, and 4 of this section. actions described in Condition 5 of this with NRC the methodology, data, and 2. Within 30 days of submitting to section. analysis. HMC will provide to NRC all NRC the root cause protocol in e. HMC will maintain copies of all discussion material at least 10 days Condition 1 of this section, HMC will reports at the site for NRC inspection. prior to the discussion. NRC will use the root cause protocol to analyze 5. Unless otherwise specified, for any perform an audit of the analysis, and the reasons for the apparent violations changes or additions to the license or provide in writing NRC audit results, documented in the NRC’s October 4, procedures resulting from this including any recommended changes. 2016 letter (ADAMS Accession No. Confirmatory Order, HMC will either (1) HMC will incorporate NRC audit results ML16251A526). HMC will submit any submit to the NRC a license amendment in the actions described in Condition 5 proposed corrective actions to the NRC request(s), for NRC approval, or (2) of this section. for review and approval within 60 days update the appropriate HMC 9. As soon as practicable, but not to of completing the root cause analyses. procedure(s) after notification of the exceed 30 days from issuance of this 3. HMC will complete an assessment NRC. All license amendment requests Confirmatory Order, HMC will adjust of all HMC activities to determine resulting from this Confirmatory Order operations to better ensure compliance whether all activities are authorized and will be submitted to the NRC within 60 with the Ground Water Protection are being conducted in compliance with days of receiving the results of NRC’s Standards (GWPS) in License Condition NRC requirements. The assessment will audit(s). All notifications of updates to 35B as required by License Condition identify areas where clarity could be procedures resulting from this 35C (as amended by this Confirmatory added to the license. The assessment Confirmatory Order will be made to the Order) and described in HMC’s will include a written report that NRC by the end of calendar year 2018. submittal dated January 15, 1998 identifies all areas assessed, the scope of 6. HMC will submit a revised (ADAMS Accession No. ML12291A910) the assessment, the method used to groundwater CAP to the NRC by the end and the NRC’s approval dated March 5, perform the assessment, the results of of calendar year 2018, including 1998 (ADAMS Accession No. each assessment and any corrective amendments to the license approved by ML14203A023). HMC will evaluate the actions deemed appropriate. This report that date. The NRC and HMC will work, procedure required by License will identify any proposed changes to aggressively and in good faith, toward a Condition 23 to ensure that the process the license and procedures. This goal of final approval of the is adequate to reduce constituent

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concentrations to values below the does not apply to additional samples levels, HMC will propose appropriate GWPS listed in License Condition 35B taken for operational purposes. For any measures to control both use and access before discharge. report submitted to NRC, HMC will to the impacted areas, a corrective 10. HMC will use the methodology clearly identify all values at SP2 that action plan, if necessary, to achieve the described in NUREG–1620 (ADAMS exceed GWPS or regulatory or license NRC-approved remedial action levels, Accession No. ML032250190) to analyze limits for the COCs identified in License and final status survey plans to the impact of exceedances documented Condition 35B and corrective actions demonstrate that the radiological doses in the NRC’s October 4, 2016 letter to taken, if any, as a result of the and non-radiological risks are below HMC. The analysis will be completed exceedances. HMC will submit these NRC-approved remedial action levels. If within 120 days of issuance of this procedures to NRC within 120 days of corrective actions are needed, HMC will Confirmatory Order. No less than 30 issuance of this Confirmatory Order. submit corrective actions (that include days prior to its finalization of the 13. Condition 15 of License No. SUA– completion timeframes), for NRC impact of exceedances analysis, HMC 1471 is amended by this Confirmatory approval, within 60 days of NRC’s will discuss with NRC the methodology, Order to read as follows: approval of HMC’s land application data, and analysis. HMC will provide to ‘‘The results of all effluent and assessment. NRC all discussion material at least 10 environmental monitoring required by 16. HMC will provide to the NRC an days prior to the discussion. The NRC this license and regulation shall be integrated table that sets forth all actions will perform an audit of the analysis reported semi-annually, by March 31 taken pursuant to this Confirmatory and provide in writing, the NRC audit and September 30. All groundwater Order. An updated integrated table will results, including any recommended monitoring data shall be reported per be provided to the NRC semi-annually, changes. HMC will incorporate NRC the requirements in License Condition until all license and procedure changes audit results in the actions described in 35.’’ under this Confirmatory Order are 14. HMC will identify sources of Condition 5 of this section. completed. In the event of a future non- supply water, soil and groundwater In the event of the transfer of license compliance related to the GWPS, HMC data, and reports, and will use those SUA–1471 to another entity, the terms will perform a similar assessment of the data to develop a land application and conditions set forth hereunder shall impacts of the non-compliance. HMC assessment of any impacts due to the continue to apply to the new entity and will report the incident to the NRC in use of the irrigation water containing accordingly survive any transfer of accordance with License Condition 40 byproduct material to past, current, or ownership or license. within 30 days of receipt of initial and foreseeable future uses of the land confirmatory laboratory results. application areas in Township 12 North, Unless otherwise specified, all dates 11. Condition 35C of License No. Range 10 West, Sections 28 are from the date of issuance of the SUA–1471 is amended by this (approximately 100 acres), 33 Confirmatory Order. The term ‘‘days’’ in Confirmatory Order to read as follows: (approximately 150 acres and the Confirmatory Order means calendar ‘‘Implement the corrective action approximately 24 acres), and 34 days. program described in the September 15, (approximately 120 acres). The land Unless otherwise specified, all 1989 submittal, as modified by the application assessment will establish documents required to be submitted to reverse osmosis system described in the background concentrations, remedial the NRC pursuant to this Confirmatory January 15, 1998 submittal, excluding action levels (radiological dose and non- Order prior to NRC approval of the all sampling and reporting requirements radiological risk), and current revised groundwater CAP described in for Sample Point 1, with the objective of concentrations of COCs in its license at Condition 6 of this section will be sent achieving the concentrations of all all areas used for land application. The to: Director, Office of Enforcement, U.S. constituents listed in License Condition land application assessment will also Nuclear Regulatory Commission, One 35B. Composite samples from Sample identify and assess impacts from soil White Flint North, 11555 Rockville Point 2 (SP2) will be taken monthly and pore water data at the land application Pike, Rockville, MD 20852–2738, with a analyzed for the constituents listed in areas. HMC’s land application copy to the Deputy Director, Division of License Condition 35B; the results of assessment will be consistent with the Decommissioning, Uranium Recovery these analyses will be reported in the requirements of 10 CFR 20.2002 and in and Waste Programs, Two White Flint semi-annual and annual reports accordance with Appendix F1.4 of North, 11545 Rockville Pike, Rockville, required by License Conditions 15 and NUREG–1620 (ADAMS Accession No. MD 20852–2738. 42.’’ ML032250190) to demonstrate that the The Director, Office of Enforcement, 12. HMC will develop written discharge of byproduct material may, in writing, relax or rescind any of procedures to ensure that HMC will containing both radiological and non- the above conditions upon sample all required composite samples radiological constituents did not impact demonstration by HMC or its successors from Sample Point 2 (SP2) monthly and and will not impact members of the of good cause. will report the results of those sample public or the environment. In addition, VI results in the semi-annual and annual HMC will take immediate action to reports required by License Conditions ensure that the land application areas In accordance with 10 CFR 2.202 and 15 and 42. The procedure will include are not being used to produce crops for 2.309, any person adversely affected by a requirement that if sampling is not human consumption. The land this Confirmatory Order, other than performed, a justification will be application assessment will be HMC, may request a hearing within provided in the semi-annual report submitted for NRC review and approval thirty (30) days of the issuance date of required by License Condition 15 for within 180 days of issuance of this this Confirmatory Order. Where good that sampling period, e.g., ‘‘inadequate Confirmatory Order. cause is shown, consideration will be volume of water collected per the 15. If the results of HMC’s analysis given to extending the time to request a appropriate sampling procedure due to discussed in Condition 14 of this hearing. A request for extension of time the RO plant being inoperable for 25 out section indicates that radiological doses must be directed to the Director, Office of 30 days during that sampling period.’’ and non-radiological risks are in excess of Enforcement, U.S. Nuclear Regulatory For clarity, this reporting requirement of the NRC-approved remedial action Commission, Washington, DC 20555,

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and include a statement of good cause Filing system time-stamps the document Documents submitted in adjudicatory for the extension. and sends the submitter an email notice proceedings will appear in the NRC’s All documents filed in NRC confirming receipt of the document. The electronic hearing docket which is adjudicatory proceedings, including a E-Filing system also distributes an email available to the public at https:// request for hearing, a petition for leave notice that provides access to the adams.nrc.gov/ehd, unless excluded to intervene, any motion or other document to the NRC’s Office of the pursuant to an order of the Commission document filed in the proceeding prior General Counsel and any others who or the presiding officer. If you do not to the submission of a request for have advised the Office of the Secretary have an NRC-issued digital ID certificate hearing or petition to intervene that they wish to participate in the as described above, click cancel when (hereinafter ‘‘petition’’), and documents proceeding, so that the filer need not the link requests certificates and you filed by interested governmental entities serve the document on those will be automatically directed to the participating under 10 CFR 2.315(c), participants separately. Therefore, NRC’s electronic hearing dockets where must be filed in accordance with the applicants and other participants (or you will be able to access any publicly NRC’s E-Filing rule (72 FR 49139; their counsel or representative) must available documents in a particular August 28, 2007, as amended by 77 FR apply for and receive a digital ID hearing docket. Participants are 46562; August 3, 2012). The E-Filing certificate before adjudicatory requested not to include personal process requires participants to submit documents are filed so that they can privacy information, such as social and serve all adjudicatory documents obtain access to the documents via the security numbers, home addresses, or over the internet, or in some cases to E-Filing system. personal phone numbers in their filings, mail copies on electronic storage media. A person filing electronically using unless an NRC regulation or other law Participants may not submit paper the NRC’s adjudicatory E-Filing system requires submission of such copies of their filings unless they seek may seek assistance by contacting the information. For example, in some an exemption in accordance with the NRC’s Electronic Filing Help Desk instances, individuals provide home procedures described below. through the ‘‘Contact Us’’ link located addresses in order to demonstrate To comply with the procedural on the NRC’s public Web site at http:// proximity to a facility or site. With requirements of E-Filing, at least 10 www.nrc.gov/site-help/e- respect to copyrighted works, except for days prior to the filing deadline, the submittals.html, by email to limited excerpts that serve the purpose participant should contact the Office of [email protected], or by a toll- of the adjudicatory filings and would the Secretary by email at free call at 1–866–672–7640. The NRC constitute a Fair Use application, [email protected], or by telephone Electronic Filing Help Desk is available participants are requested not to include at 301–415–1677, to (1) request a digital between 9 a.m. and 6 p.m., Eastern copyrighted materials in their identification (ID) certificate, which Time, Monday through Friday, submission. allows the participant (or its counsel or excluding government holidays. The Commission will issue a notice or representative) to digitally sign Participants who believe that they order granting or denying a hearing submissions and access the E-Filing have a good cause for not submitting request or intervention petition, system for any proceeding in which it documents electronically must file an designating the issues for any hearing is participating; and (2) advise the exemption request, in accordance with Secretary that the participant will be 10 CFR 2.302(g), with their initial paper that will be held and designating the submitting a petition or other filing stating why there is good cause for Presiding Officer. A notice granting a adjudicatory document (even in not filing electronically and requesting hearing will be published in the Federal instances in which the participant, or its authorization to continue to submit Register and served on the parties to the counsel or representative, already holds documents in paper format. Such filings hearing. an NRC-issued digital ID certificate). must be submitted by: (1) First class If a person (other than HMC) requests Based upon this information, the mail addressed to the Office of the a hearing, that person shall set forth Secretary will establish an electronic Secretary of the Commission, U.S. with particularity the manner in which docket for the hearing in this proceeding Nuclear Regulatory Commission, his interest is adversely affected by this if the Secretary has not already Washington, DC 20555–0001, Attention: Confirmatory Order and shall address established an electronic docket. Rulemaking and Adjudications Staff; or the criteria set forth in 10 CFR 2.309(d) Information about applying for a (2) courier, express mail, or expedited and (f). digital ID certificate is available on delivery service to the Office of the If a hearing is requested by a person NRC’s public Web site at http:// Secretary, 11555 Rockville Pike, whose interest is adversely affected, the www.nrc.gov/site-help/e-submittals/ Rockville, Maryland 20852, Attention: Commission will issue an order getting-started.html. Once a participant Rulemaking and Adjudications Staff. designating the time and place of any has obtained a digital ID certificate and Participants filing adjudicatory hearings. If a hearing is held, the issue a docket has been created, the documents in this manner are to be considered at such hearing shall be participant can then submit responsible for serving the document on whether this Confirmatory Order should adjudicatory documents. Submissions all other participants. Filing is be sustained. must be in Portable Document Format considered complete by first-class mail In the absence of any request for (PDF). Additional guidance on PDF as of the time of deposit in the mail, or hearing, or written approval of an submissions is available on the NRC’s by courier, express mail, or expedited extension of time in which to request a public Web site at http://www.nrc.gov/ delivery service upon depositing the hearing, the provisions specified in site-help/electronic-sub-ref-mat.html. A document with the provider of the Section V above shall be final 30 days filing is considered complete at the time service. A presiding officer, having from the date of this Confirmatory Order the document is submitted through the granted an exemption request from without further order or proceedings. If NRC’s E Filing system. To be timely, an using E-Filing, may require a participant an extension of time for requesting a electronic filing must be submitted to or party to use E-Filing if the presiding hearing has been approved, the the E-Filing system no later than 11:59 officer subsequently determines that the provisions specified in Section V shall p.m. Eastern Time on the due date. reason for granting the exemption from be final when the extension expires if a Upon receipt of a transmission, the E use of E-Filing no longer exists. hearing request has not been received.

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A REQUEST FOR HEARING SHALL SUPPLEMENTARY INFORMATION: The text of 2017.3 This joint motion also proposes NOT STAY THE EFFECTIVENESS OF the Order is attached. a briefing schedule for answers to be THIS ORDER. Dated at Rockville, Maryland, this 29th day filed 44 days after the deadline for Dated at Rockville, Maryland, this 28th day of March, 2017. hearing petitions and for replies to be of March 2017. For the Nuclear Regulatory Commission. filed 7 days after the deadline for answers. The joint motion represents For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, that the NRC Staff does not oppose this Patricia K. Holahan, Secretary of the Commission. Director, Office of Enforcement proposed schedule. UNITED STATES OF AMERICA Given that the joint motion is [FR Doc. 2017–06645 Filed 4–3–17; 8:45 am] unopposed, and in the interests of BILLING CODE 7590–01–P NUCLEAR REGULATORY efficiency, pursuant to my authority in COMMISSION 10 CFR 2.346(b), I hereby grant all NUCLEAR REGULATORY In the Matter of, WASTE CONTROL petitioners an extension of time until COMMISSION SPECIALISTS LLC, (Consolidated Interim May 31, 2017, to file hearing requests on Storage Facility) WCS’s license application. The deadline for answers to timely hearing petitions [Docket No. 72–1050] Docket No. 72–1050 shall be July 14, 2017. And the deadline In the Matter of Waste Control ORDER for any replies shall be July 21, 2017. Specialists LLC; Consolidated Interim It is so ordered. Storage Facility On January 30, 2017, the NRC Dated at Rockville, Maryland, this provided notice in the Federal Register 29th day of March, 2017. AGENCY: Nuclear Regulatory of Waste Control Specialists, LLC’s For the Commission. Commission. (WCS) license application to construct lllllllllllllllllll and operate a consolidated interim ACTION: Confirmatory order; issuance. Annette L. Vietti-Cook, waste storage facility.1 The Federal Secretary of the Commission. SUMMARY: The U.S. Nuclear Regulatory Register notice set a deadline of March Commission (NRC) published a notice 31, 2017, for members of the public to [FR Doc. 2017–06575 Filed 4–3–17; 8:45 am] in the Federal Register of Waste Control file a request for a hearing and petition BILLING CODE 7590–01–P Specialists, LLC’s (WCS) license for leave to intervene on WCS’s application to construct and operate a application consolidated interim waste storage NUCLEAR REGULATORY The Sierra Club, the Sustainable COMMISSION facility. The deadline for members of Energy and Economic Development the public to file a request for a hearing (SEED) Coalition, and the Nuclear [NRC–2016–0129] and petition for leave to intervene on Information and Resource Service Information Collection: Licenses, WCS’s application was March 31, 2017. (NIRS) each requested a 120-day Certifications, and Approvals for This order is extending the deadline extension to file hearing requests.2 The Nuclear Power Plants until May 31, 2017. Sierra Club later withdrew its original DATES: Effective Date is March 29, 2017. request and re-filed a joint motion with AGENCY: Nuclear Regulatory ADDRESSES: Please refer to Docket ID WCS requesting a revised schedule that Commission. 72–1050 when contacting the NRC would extend the deadline for filing all ACTION: Renewal of existing information about the availability of information hearing requests by 61 days, to May 31, collection; request for comment. regarding this document. You may obtain publicly available information 1 Waste Control Specialists LLC’s Consolidated SUMMARY: The U.S. Nuclear Regulatory related to this document using any of Interim Spent Fuel Storage Facility Project, 82 FR Commission (NRC) invites public the following methods: NRC’s Electronic 8773 (Jan. 30, 2017). comment on the renewal of Office of 2 Sierra Club’s Motion for Extension of Time to Hearing Docket: You may obtain Intervene in Licensing Proceeding (Mar. 2, 2017) Management and Budget (OMB) publicly available documents related to (ADAMS accession no. ML17062A897); Sustainable approval for an existing collection of this hearing online at http:// Energy and Economic Development Coalition (SEED information. The information collection www.nrc.gov/about-nrc/regulatory/ Coalition) Request for Extension of 120 Days for is entitled, ‘‘Licenses, Certifications, and adjudicatory.html. Submission of Hearing Requests and Petitions to Approvals for Nuclear Power Plants.’’ • Intervene (Mar. 7, 2017) (ML17080A493); Nuclear NRC’s Agencywide Documents Information and Resource Service and Nineteen DATES: Submit comments by June 5, Access and Management System other Organization’s Request for Extension on 2017. Comments received after this date (ADAMS): You may obtain publicly- Deadline (Mar. 9, 2017) (ML17069A492). The NRC Staff and WCS oppose the SEED Coalition and NIRS will be considered if it is practical to do available documents online in the requests. See Waste Control Specialists LLC’s so, but the Commission is able to ensure ADAMS Public Documents collection at Answer Opposing Nuclear Information and consideration only for comments http://www.nrc.gov/reading-rm/ Resource Service’s Letter Requesting an Extension received on or before this date. adams.html. To begin the search, select of Time and Proposing Approval of Alternative ADDRESSES: You may submit comments ‘‘ADAMS Public Documents’’ and then Briefing Schedule (Mar. 17, 2017) (ML17076A365); Waste Control Specialists LLC’s Answer Opposing by any of the following methods: select ‘‘Begin Web-based ADAMS Sustainable Energy and Economic Development • Federal Rulemaking Web site: Go to Search.’’ For problems with ADAMS, Coalition’s Request for an Extension of Time and http://www.regulations.gov and search please contact the NRC’s Public Proposing Approval of Alternative Briefing for Docket ID NRC–2016–0129. Address Document Room (PDR) reference staff at Schedule (Mar. 23, 2017) (ML17082A426); NRC Staff’s Response to the Nuclear Information and questions about NRC dockets to Carol 1–800–397–4209, 301–415–4737, or by Resource Service’s Motion for an Extension of Time Gallagher; telephone: 301–415–3463; email to [email protected]. The to Request a Hearing (Mar. 20, 2017) email: [email protected]. For ADAMS accession number for each (ML17079A534); NRC Staff’s Response to the Sustainable Energy and Economic Development document referenced (if it is available in Coalition’s Letter Requesting an Extension of Time 3 Waste Control Specialists LLC and Sierra Club’s ADAMS) is provided the first time that to Request a Hearing (Mar. 23, 2017) Joint Motion for Revised Schedule Related to a document is referenced. (ML17082A441). Hearing Requests (Mar. 13, 2017) (ML17072A498).

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technical questions, contact the post all comment submissions at http:// records of detailed design related individual listed in the FOR FURTHER www.regulations.gov as well as enter the information. These licensing procedures INFORMATION CONTACT section of this comment submissions into ADAMS, are options to the two-step licensing document. and the NRC does not routinely edit process in 10 CFR part 50, which • Mail comments to: David Cullison, comment submissions to remove provides for a CP and an OL. The part Office of the Chief Information Officer, identifying or contact information. 52 licensing process places procedural Mail Stop: T–2 F43, U.S. Nuclear If you are requesting or aggregating requirements in part 52 and technical Regulatory Commission, Washington, comments from other persons for requirements in part 50. Part 52 reduces DC 20555–0001. submission to the NRC, then you should the overall paperwork burden borne by For additional direction on obtaining inform those persons not to include applicants for CPs and OLs because part information and submitting comments, identifying or contact information that 52 only requires a single application see ‘‘Obtaining Information and they do not want to be publicly and provides options for referencing Submitting Comments’’ in the disclosed in their comment submission. standardized designs. The information SUPPLEMENTARY INFORMATION section of Your request should state that the NRC in 10 CFR part 52 is needed by the this document. does not routinely edit comment agency to assess the adequacy and FOR FURTHER INFORMATION CONTACT: submissions to remove such information suitability of an applicant’s site, plant David Cullison, Office of the Chief before making the comment design, construction, training and Information Officer, U.S. Nuclear submissions available to the public or experience, plans and procedures for Regulatory Commission, Washington, entering the comment into ADAMS. the protection of public health and DC 20555–0001; telephone: 301–415– II. Background safety. 2084; email: INFOCOLLECTS.Resource@ III. Specific Requests for Comment NRC.GOV. In accordance with the Paperwork SUPPLEMENTARY INFORMATION: Reduction Act of 1995 (44 U.S.C. The NRC is seeking comments that Chapter 35), the NRC is requesting address the following questions: I. Obtaining Information and public comment on its intention to 1. Is the proposed collection of Submitting Comments request the OMB’s approval for the information necessary for the NRC to A. Obtaining Information information collection summarized properly perform its functions? Does the below. information have practical utility? Please refer to Docket ID NRC–2016– 1. The title of the information 2. Is the estimate of the burden of the 0129 when contacting the NRC about collection: 10 CFR part 52, ‘‘Licenses, information collection accurate? the availability of information for this Certifications, and Approvals for 3. Is there a way to enhance the action. You may obtain publicly- Nuclear Power Plants.’’ quality, utility, and clarity of the available information related to this 2. OMB approval number: 3150–0151. information to be collected? action by any of the following methods: 3. Type of submission: Extension. 4. How can the burden of the • Federal rulemaking Web site: Go to 4. The form number, if applicable: information collection on respondents http://www.regulations.gov and search Not applicable. be minimized, including the use of for Docket ID NRC–2016–0129. A copy 5. How often the collection is required automated collection techniques or of the collection of information and or requested: On occasion. Applications other forms of information technology? related instructions may be obtained are submitted only when licensing without charge by accessing Docket ID action is sought. Dated at Rockville, Maryland, this 30th day NRC–2016–0129 on this Web site. 6. Who will be required or asked to of March, 2017. • NRC’s PDR: You may examine and respond: Applicants for early site For the Nuclear Regulatory Commission. purchase copies of public documents at permits (ESPs), standard design David Cullison, the NRC’s PDR, Room O1–F21, One approvals (SDAs) and certifications, NRC Clearance Officer, Office of the Chief White Flint North, 11555 Rockville manufacturing licenses (MLs), and Information Officer. Pike, Rockville, Maryland 20852. licenses which combine construction [FR Doc. 2017–06633 Filed 4–3–17; 8:45 am] • NRC’s Clearance Officer: A copy of permits (CPs) and conditional operating BILLING CODE 7590–01–P the collection of information and related licenses (OLs), e.g. COLs, for instructions may be obtained without commercial nuclear power reactors. charge by contacting NRC’s Clearance 7. The estimated number of annual NUCLEAR REGULATORY Officer, David Cullison, Office of the responses: 1,175 (1,150 reporting COMMISSION Chief Information Officer, U.S. Nuclear responses plus 25 recordkeepers). [Docket No. 52–047; NRC–2016–0119] Regulatory Commission, Washington, 8. The estimated number of annual DC 20555–0001; telephone: 301–415– respondents: 25. Tennessee Valley Authority; Clinch 2084; email: INFOCOLLECTS.Resource@ 9. The estimated number of hours River Nuclear Site Early Site Permit NRC.GOV. needed annually to comply with the Application and Associated Order information collection requirement or B. Submitting Comments Imposing Procedures for Access to request: 243,854 hours (22,414 hours Sensitive Unclassified Non-Safeguards Please include Docket ID NRC–2016– reporting plus 23,440 hours Information and Safeguards 0129 in the subject line of your recordkeeping). Information comment submission, in order to ensure 10. Abstract: The licensing processes that the NRC is able to make your in part 52 of title 10 of the Code of AGENCY: Nuclear Regulatory comment submission available to the Federal Regulations (10 CFR) provide Commission. public in this docket. for issuance of ESPs, SDAs, MLs, CPs, ACTION: Notice of hearing and The NRC cautions you not to include and COLs for commercial nuclear power opportunity to petition for leave to identifying or contact information in reactors. The applicants submit updated intervene; order imposing procedures. comment submissions that you do not reports, applications for renewals, want to be publicly disclosed in your exemption requests and maintain SUMMARY: On May 12, 2016, the comment submission. The NRC will records of changes to the facility and Tennessee Valley Authority (TVA)

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submitted an application to the U.S. White Flint North, 11555 Rockville concern safety. The NRC staff will also Nuclear Regulatory Commission (NRC) Pike, Rockville, Maryland 20852. complete an environmental review of for an early site permit (ESP) for the FOR FURTHER INFORMATION CONTACT: the application and will document its Clinch River Nuclear (CRN) Site located Allen Fetter, telephone: 301–415–8556, findings in an environmental impact in Oak Ridge, Tennessee. A notice of email: [email protected]; or Mallecia statement (EIS) in accordance with the receipt and availability of this Sutton, telephone: 301–415–0673, National Environmental Policy Act of application was published in the email: [email protected]. Both 1969, as amended, and the Federal Register on June 23, 2016. The are staff of the Office of New Reactors, Commission’s regulations in 10 CFR TVA also provided supplemental U.S. Nuclear Regulatory Commission, part 51. information in support of the Washington, DC 20555–0001. II. Opportunity To Request a Hearing application to the NRC. Notice of the SUPPLEMENTARY INFORMATION: and Petition for Leave To Intervene NRC’s docketing of the application was published in the Federal Register on I. Introduction Within 60 days after the date of publication of this notice, any persons January 12, 2017. A hearing will be Pursuant to Section 189a.(2) of the held, at a time and place to be set in the (petitioner) whose interest may be Atomic Energy Act of 1954, as amended affected by this action may file a request future by the NRC or designated by the (the Act), and the regulations in 10 CFR Atomic Safety and Licensing Board for a hearing and petition for leave to part 2, ‘‘Agency Rules of Practice and intervene (petition) with respect to the (Board). The hearing will consider the Procedure,’’ 10 CFR part 50, ‘‘Domestic application dated May 12, 2016. action. Petitions shall be filed in Licensing of Production and Utilization accordance with the Commission’s DATES: A request for hearing or petition Facilities,’’ and 10 CFR part 52, ‘‘Agency Rules of Practice and for leave to intervene must be filed by ‘‘Licenses, Certifications, and Approvals Procedure’’ in 10 CFR part 2. Interested June 5, 2017. Any potential party, as for Nuclear Power Plants,’’ notice is persons should consult a current copy defined in § 2.4 of title 10 of the Code hereby given that a hearing will be held, of 10 CFR 2.309. The NRC’s regulations of Federal Regulations (10 CFR), who at a time and place to be set in the future are accessible electronically from the believes access to sensitive unclassified by the NRC or designated by the Board. NRC Library on the NRC’s Web site at non-safeguards information (SUNSI) The hearing will consider the http://www.nrc.gov/reading-rm/doc- and/or safeguards information (SGI) is application dated May 12, 2016 collections/cfr/. Alternatively, a copy of necessary to respond to this notice must (ADAMS Accession No. ML16153A282), the regulations is available at the NRC’s request document access by April 14, filed by TVA, pursuant to subpart A of Public Document Room, located at One 2017. 10 CFR part 52, for an early site permit. White Flint North, Room O1–F21, 11555 ADDRESSES: Please refer to Docket ID The application requests approval of an Rockville Pike (first floor), Rockville, NRC–2016–0119 when contacting the ESP for the CRN Site to be located in Maryland 20852. If a petition is filed, NRC about the availability of Oak Ridge, Tennessee. The notice of the the Commission or a presiding officer information regarding this document. NRC’s receipt of the application was will rule on the petition and, if You may obtain publicly-available published in the Federal Register on appropriate, a notice of a hearing will be information related to this document June 23, 2016 (81 FR 40929). The notice issued. using any of the following methods: of the NRC’s docketing of the As required by 10 CFR 2.309(d) the • Federal Rulemaking Web site: Go to application was published in the petition should specifically explain the http://www.regulations.gov and search Federal Register on January 12, 2017 reasons why intervention should be for Docket ID NRC–2016–0119. Address (82 FR 3812). The docket number permitted with particular reference to questions about NRC dockets to Carol established for this application is 52– the following general requirements for Gallagher; telephone: 301–415–3463; 047. standing: (1) The name, address, and email: [email protected]. For The CRN Site ESP application uses telephone number of the petitioner; (2) technical questions, contact the technical information from various the nature of the petitioner’s right under individuals listed in the FOR FURTHER certified and proposed designs to the Act to be made a party to the INFORMATION CONTACT section of this develop a plant parameter envelope for proceeding; (3) the nature and extent of document. facility characterization necessary to the petitioner’s property, financial, or • NRC’s Agencywide Documents assess the suitability of the site for any other interest in the proceeding; and (4) Access and Management System future construction and operation of a the possible effect of any decision or (ADAMS): You may obtain publicly- nuclear power plant. order which may be entered in the available documents online in the The hearing will be conducted by a proceeding on the petitioner’s interest. ADAMS Public Documents collection at Board that will be designated by the In accordance with 10 CFR 2.309(f), http://www.nrc.gov/reading-rm/ Chief Judge of the Atomic Safety and the petition must also set forth the adams.html. To begin the search, select Licensing Board Panel or will be specific contentions which the ‘‘ADAMS Public Documents’’ and then conducted by the Commission. Notice petitioner seeks to have litigated in the select ‘‘Begin Web-based ADAMS as to the membership of the Board proceeding. Each contention must Search.’’ For problems with ADAMS, would be published in the Federal consist of a specific statement of the please contact the NRC’s Public Register at a later date. The NRC staff issue of law or fact to be raised or Document Room (PDR) reference staff at will complete a detailed technical controverted. In addition, the petitioner 1–800–397–4209, 301–415–4737, or by review of the application and will must provide a brief explanation of the email to [email protected]. The document its findings in a safety bases for the contention and a concise ADAMS accession number for each evaluation report (SER). The statement of the alleged facts or expert document referenced (if it is available in Commission will refer a copy of the opinion which support the contention ADAMS) is provided the first time that application to the Advisory Committee and on which the petitioner intends to it is mentioned in this document. on Reactor Safeguards (ACRS) in rely in proving the contention at the • NRC’s PDR: You may examine and accordance with 10 CFR 52.23, ‘‘Referral hearing. The petitioner must also purchase copies of public documents at to the ACRS,’’ and the ACRS will report provide references to the specific the NRC’s PDR, Room O1–F21, One on those portions of the application that sources and documents on which the

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petitioner intends to rely to support its under 10 CFR 2.309(h)(1). The petition filings unless they seek an exemption in position on the issue. The petition must should state the nature and extent of the accordance with the procedures include sufficient information to show petitioner’s interest in the proceeding. described below. that a genuine dispute exists with the The petition should be submitted to the To comply with the procedural applicant or licensee on a material issue Commission by June 5, 2017. The requirements of E-Filing, at least 10 of law or fact. Contentions must be petition must be filed in accordance days prior to the filing deadline, the limited to matters within the scope of with the filing instructions in the participant should contact the Office of the proceeding. The contention must be ‘‘Electronic Submissions (E-Filing)’’ the Secretary by email at one which, if proven, would entitle the section of this document, and should [email protected], or by telephone petitioner to relief. A petitioner who meet the requirements for petitions set at 301–415–1677, to (1) request a digital fails to satisfy the requirements at 10 forth in this section, except that under identification (ID) certificate, which CFR 2.309(f) with respect to at least one 10 CFR 2.309(h)(2) a State, local allows the participant (or its counsel or contention will not be permitted to governmental body, or Federally representative) to digitally sign participate as a party. recognized Indian Tribe, or agency submissions and access the E-Filing Those permitted to intervene become thereof does not need to address the system for any proceeding in which it parties to the proceeding, subject to any standing requirements in 10 CFR is participating; and (2) advise the limitations in the order granting leave to 2.309(d) if the facility is located within Secretary that the participant will be intervene. Parties have the opportunity its boundaries. Alternatively, a State, submitting a petition or other to participate fully in the conduct of the local governmental body, Federally- adjudicatory document (even in hearing with respect to resolution of recognized Indian Tribe, or agency instances in which the participant, or its that party’s admitted contentions, thereof may participate as a non-party counsel or representative, already holds including the opportunity to present under 10 CFR 2.315(c). an NRC-issued digital ID certificate). evidence, consistent with the NRC’s If a hearing is granted, any person Based upon this information, the regulations, policies, and procedures. who is not a party to the proceeding and Secretary will establish an electronic Petitions must be filed no later than is not affiliated with or represented by docket for the hearing in this proceeding 60 days from the date of publication of a party may, at the discretion of the if the Secretary has not already this notice. Petitions and motions for presiding officer, be permitted to make established an electronic docket. leave to file new or amended a limited appearance pursuant to the Information about applying for a contentions that are filed after the provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the deadline will not be entertained absent making a limited appearance may make NRC’s public Web site at http:// a determination by the presiding officer an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/ that the filing demonstrates good cause position on the issues but may not getting-started.html. Once a participant by satisfying the three factors in 10 CFR otherwise participate in the proceeding. has obtained a digital ID certificate and 2.309(c)(1)(i) through (iii). The petition A limited appearance may be made at a docket has been created, the must be filed in accordance with the any session of the hearing or at any participant can then submit filing instructions in the ‘‘Electronic prehearing conference, subject to the adjudicatory documents. Submissions Submissions (E-Filing)’’ section of this limits and conditions as may be must be in Portable Document Format document. imposed by the presiding officer. Details (PDF). Additional guidance on PDF If a hearing is requested, and the regarding the opportunity to make a submissions is available on the NRC’s Commission has not made a final limited appearance will be provided by public Web site at http://www.nrc.gov/ determination on the issue of no the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A significant hazards consideration, the scheduled. filing is considered complete at the time Commission will make a final the document is submitted through the determination on the issue of no III. Electronic Submissions (E-Filing) NRC’s E-Filing system. To be timely, an significant hazards consideration. The All documents filed in NRC electronic filing must be submitted to final determination will serve to adjudicatory proceedings, including a the E-Filing system no later than 11:59 establish when the hearing is held. If the request for hearing and petition for p.m. Eastern Time on the due date. final determination is that the leave to intervene (petition), any motion Upon receipt of a transmission, the E- amendment request involves no or other document filed in the Filing system time-stamps the document significant hazards consideration, the proceeding prior to the submission of a and sends the submitter an email notice Commission may issue the amendment request for hearing or petition to confirming receipt of the document. The and make it immediately effective, intervene, and documents filed by E-Filing system also distributes an email notwithstanding the request for a interested governmental entities that notice that provides access to the hearing. Any hearing would take place request to participate under 10 CFR document to the NRC’s Office of the after issuance of the amendment. If the 2.315(c), must be filed in accordance General Counsel and any others who final determination is that the with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary amendment request involves a 49139; August 28, 2007, as amended at that they wish to participate in the significant hazards consideration, then 77 FR 46562; August 3, 2012). The E- proceeding, so that the filer need not any hearing held would take place Filing process requires participants to serve the document on those before the issuance of the amendment submit and serve all adjudicatory participants separately. Therefore, unless the Commission finds an documents over the internet, or in some applicants and other participants (or imminent danger to the health or safety cases to mail copies on electronic their counsel or representative) must of the public, in which case it will issue storage media. Detailed guidance on apply for and receive a digital ID an appropriate order or rule under 10 making electronic submissions may be certificate before adjudicatory CFR part 2. found in the Guidance for Electronic documents are filed so that they can A State, local governmental body, Submissions to the NRC and on the obtain access to the documents via the Federally-recognized Indian Tribe, or NRC’s Web site at http://www.nrc.gov/ E-Filing system. agency thereof, may submit a petition to site-help/e-submittals.html. Participants A person filing electronically using the Commission to participate as a party may not submit paper copies of their the NRC’s adjudicatory E-Filing system

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may seek assistance by contacting the information. For example, in some (1) A description of the licensing NRC’s Electronic Filing Help Desk instances, individuals provide home action with a citation to this Federal through the ‘‘Contact Us’’ link located addresses in order to demonstrate Register notice; on the NRC’s public Web site at http:// proximity to a facility or site. With (2) The name and address of the www.nrc.gov/site-help/e- respect to copyrighted works, except for potential party and a description of the submittals.html, by email to limited excerpts that serve the purpose potential party’s particularized interest [email protected], or by a toll- of the adjudicatory filings and would that could be harmed by the action free call at 1–866–672–7640. The NRC constitute a Fair Use application, identified in C.(1); Electronic Filing Help Desk is available participants are requested not to include (3) If the request is for SUNSI, the between 9 a.m. and 6 p.m., Eastern copyrighted materials in their identity of the individual or entity Time, Monday through Friday, submission. requesting access to SUNSI and the excluding government holidays. requestor’s basis for the need for the Participants who believe that they Order Imposing Procedures for Access to Sensitive Unclassified Non- information in order to meaningfully have a good cause for not submitting participate in this adjudicatory documents electronically must file an Safeguards Information and Safeguards Information for Contention Preparation proceeding. In particular, the request exemption request, in accordance with must explain why publicly available 10 CFR 2.302(g), with their initial paper A. This Order contains instructions versions of the information requested filing stating why there is good cause for regarding how potential parties to this would not be sufficient to provide the not filing electronically and requesting proceeding may request access to basis and specificity for a proffered authorization to continue to submit documents containing sensitive contention; and documents in paper format. Such filings unclassified information (including (4) If the request is for SGI, the must be submitted by: (1) First class Sensitive Unclassified Non-Safeguards identity of each individual who would mail addressed to the Office of the Information (SUNSI) and Safeguards have access to SGI if the request is Secretary of the Commission, U.S. Information (SGI)). Requirements for granted, including the identity of any Nuclear Regulatory Commission, access to SGI are primarily set forth in expert, consultant, or assistant who will Washington, DC 20555–0001, Attention: 10 CFR parts 2 and 73. Nothing in this aid the requestor in evaluating the SGI. Rulemaking and Adjudications Staff; or Order is intended to conflict with the In addition, the request must contain (2) courier, express mail, or expedited SGI regulations. the following information: delivery service to the Office of the B. Within 10 days after publication of (a) A statement that explains each Secretary, 11555 Rockville Pike, this notice of hearing and opportunity to individual’s ‘‘need to know’’ the SGI, as Rockville, Maryland 20852, Attention: petition for leave to intervene, any required by 10 CFR 73.2 and 10 CFR Rulemaking and Adjudications Staff. potential party who believes access to 73.22(b)(1). Consistent with the Participants filing adjudicatory SUNSI or SGI is necessary to respond to definition of ‘‘need to know’’ as stated documents in this manner are this notice may request access to SUNSI in 10 CFR 73.2, the statement must responsible for serving the document on or SGI. A ‘‘potential party’’ is any explain: all other participants. Filing is person who intends to participate as a (i) Specifically why the requestor considered complete by first-class mail party by demonstrating standing and believes that the information is as of the time of deposit in the mail, or filing an admissible contention under 10 necessary to enable the requestor to by courier, express mail, or expedited CFR 2.309. Requests for access to SUNSI proffer and/or adjudicate a specific delivery service upon depositing the or SGI submitted later than 10 days after contention in this proceeding; 2 and document with the provider of the publication will not be considered (ii) The technical competence service. A presiding officer, having absent a showing of good cause for the (demonstrable knowledge, skill, training granted an exemption request from late filing, addressing why the request or education) of the requestor to using E-Filing, may require a participant could not have been filed earlier. effectively utilize the requested SGI to or party to use E-Filing if the presiding C. The requestor shall submit a letter provide the basis and specificity for a officer subsequently determines that the requesting permission to access SUNSI, proffered contention. The technical reason for granting the exemption from SGI, or both to the Office of the competence of a potential party or its use of E-Filing no longer exists. Secretary, U.S. Nuclear Regulatory counsel may be shown by reliance on a Documents submitted in adjudicatory Commission, Washington, DC 20555– qualified expert, consultant, or assistant proceedings will appear in the NRC’s 0001, Attention: Rulemakings and who satisfies these criteria. electronic hearing docket which is Adjudications Staff, and provide a copy (b) A completed Form SF–85, available to the public at https:// to the Associate General Counsel for ‘‘Questionnaire for Non-Sensitive adams.nrc.gov/ehd, unless excluded Hearings, Enforcement and Positions,’’ for each individual who pursuant to an order of the Commission Administration, Office of the General would have access to SGI. The or the presiding officer. If you do not Counsel, U.S. Nuclear Regulatory completed Form SF–85 will be used by have an NRC-issued digital ID certificate Commission, Washington, DC 20555– the Office of Administration to conduct as described above, click cancel when 0001. The expedited delivery or courier the link requests certificates and you mail address for both offices is: U.S. filing requirements of the NRC’s ‘‘E-Filing Rule,’’ will be automatically directed to the Nuclear Regulatory Commission, 11555 the initial request to access SUNSI and/or SGI NRC’s electronic hearing dockets where Rockville Pike, Rockville, Maryland under these procedures should be submitted as you will be able to access any publicly 20852. The email address for the Office described in this paragraph. available documents in a particular 2 Broad SGI requests under these procedures are of the Secretary and the Office of the unlikely to meet the standard for need to know; hearing docket. Participants are General Counsel are Hearing.Docket@ furthermore, NRC staff redaction of information requested not to include personal nrc.gov and [email protected], from requested documents before their release may privacy information, such as social respectively.1 The request must include be appropriate to comport with this requirement. security numbers, home addresses, or These procedures do not authorize unrestricted the following information: disclosure or less scrutiny of a requestor’s need to personal phone numbers in their filings, know than ordinarily would be applied in unless an NRC regulation or other law 1 While a request for hearing or petition to connection with an already-admitted contention or requires submission of such intervene in this proceeding must comply with the non-adjudicatory access to SGI.

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the background check required for complete the SF–85 or Form FD–258; 10 CFR 73.22(b). If the Office of access to SGI, as required by 10 CFR however, all other requirements for Administration determines that the part 2, subpart C, and 10 CFR access to SGI, including the need to individual or individuals are 73.22(b)(2), to determine the requestor’s know, are still applicable. trustworthy and reliable, the NRC will trustworthiness and reliability. For Note: Copies of documents and materials promptly notify the requestor in writing. security reasons, Form SF–85 can only required by paragraphs C.(4)(b), (c), and (d) The notification will provide the names be submitted electronically through the of this Order must be sent to the following of approved individuals as well as the electronic questionnaire for address: U.S. Nuclear Regulatory conditions under which the SGI will be investigations processing (e-QIP) Web Commission, ATTN: Personnel Security provided. Those conditions may site, a secure Web site that is owned and Branch, Mail Stop TWFN–03–B46M, 11555 include, but are not limited to, the operated by the Office of Personnel Rockville Pike, Rockville, MD 20852. signing of a Non-Disclosure Agreement Management. To obtain online access to These documents and materials or Affidavit, or Protective Order 6 by the form, the requestor should contact should not be included with the request each individual who will be granted the NRC’s Office of Administration at letter to the Office of the Secretary, but access to SGI. 301–415–3710.3 the request letter should state that the H. Release and Storage of SGI. Prior (c) A completed Form FD–258 forms and fees have been submitted as to providing SGI to the requestor, the (fingerprint card), signed in original ink, required. NRC staff will conduct (as necessary) an and submitted in accordance with 10 D. To avoid delays in processing inspection to confirm that the CFR 73.57(d). Copies of Form FD–258 requests for access to SGI, the requestor recipient’s information protection may be obtained by writing the Office of should review all submitted materials system is sufficient to satisfy the Administrative Services, Mail Services for completeness and accuracy requirements of 10 CFR 73.22. Center, Mail Stop P1–37, U.S. Nuclear (including legibility) before submitting Alternatively, recipients may opt to Regulatory Commission, Washington, them to the NRC. The NRC will return view SGI at an approved SGI storage DC 20555–0001, or by email to incomplete packages to the sender location rather than establish their own [email protected]. The without processing. SGI protection program to meet SGI fingerprint card will be used to satisfy E. Based on an evaluation of the protection requirements. the requirements of 10 CFR part 2, information submitted under paragraphs I. Filing of Contentions. Any subpart C, 10 CFR 73.22(b)(1), and C.(3) or C.(4) above, as applicable, the contentions in these proceedings that Section 149 of the Atomic Energy Act of NRC staff will determine within 10 days are based upon the information received 1954, as amended, which mandates that of receipt of the request whether: as a result of the request made for all persons with access to SGI must be (1) There is a reasonable basis to SUNSI or SGI must be filed by the fingerprinted for an FBI identification believe the petitioner is likely to requestor no later than 25 days after and criminal history records check. establish standing to participate in this receipt of (or access to) that information. (d) A check or money order payable NRC proceeding; and However, if more than 25 days remain in the amount of $324.00 4 to the U.S. (2) The requestor has established a between the petitioner’s receipt of (or Nuclear Regulatory Commission for legitimate need for access to SUNSI or access to) the information and the each individual for whom the request need to know the SGI requested. deadline for filing all other contentions F. For requests for access to SUNSI, if for access has been submitted. (as established in the notice of hearing (e) If the requestor or any the NRC staff determines that the or opportunity for hearing), the individual(s) who will have access to requestor satisfies both E.(1) and E.(2) petitioner may file its SUNSI or SGI SGI believes they belong to one or more above, the NRC staff will notify the contentions by that later deadline. of the categories of individuals that are requestor in writing that access to J. Review of Denials of Access. exempt from the criminal history SUNSI has been granted. The written (1) If the request for access to SUNSI records check and background check notification will contain instructions on or SGI is denied by the NRC staff either requirements in 10 CFR 73.59, the how the requestor may obtain copies of after a determination on standing and requestor should also provide a the requested documents, and any other requisite need, or after a determination statement identifying which exemption conditions that may apply to access to on trustworthiness and reliability, the the requestor is invoking and explaining those documents. These conditions may NRC staff shall immediately notify the the requestor’s basis for believing that include, but are not limited to, the requestor in writing, briefly stating the the exemption applies. While signing of a Non-Disclosure Agreement reason or reasons for the denial. processing the request, the Office of or Affidavit, or Protective Order setting (2) Before the Office of Administration, Personnel Security forth terms and conditions to prevent Administration makes a final adverse Branch, will make a final determination the unauthorized or inadvertent determination regarding the disclosure of SUNSI by each individual trustworthiness and reliability of the whether the claimed exemption applies. 5 Alternatively, the requestor may contact who will be granted access to SUNSI. proposed recipient(s) for access to SGI, G. For requests for access to SGI, if the the Office of Administration for an the Office of Administration, in NRC staff determines that the requestor evaluation of their exemption status accordance with 10 CFR 2.336(f)(1)(iii), has satisfied both E.(1) and E.(2) above, prior to submitting their request. must provide the proposed recipient(s) the Office of Administration will then Persons who are exempt from the any records that were considered in the determine, based upon completion of background check are not required to trustworthiness and reliability the background check, whether the determination, including those required proposed recipient is trustworthy and 3 The requestor will be asked to provide his or her to be provided under 10 CFR full name, social security number, date and place reliable, as required for access to SGI by of birth, telephone number, and email address. 6 Any motion for Protective Order or draft Non- After providing this information, the requestor 5 Any motion for Protective Order or draft Non- Disclosure Agreement or Affidavit for SGI must be usually should be able to obtain access to the online Disclosure Affidavit or Agreement for SUNSI must filed with the presiding officer or the Chief form within one business day. be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not 4 This fee is subject to change pursuant to the Administrative Judge if the presiding officer has not yet been designated, within 180 days of the Office of Personnel Management’s adjustable billing yet been designated, within 30 days of the deadline deadline for the receipt of the written access rates. for the receipt of the written access request. request.

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73.57(e)(1), so that the proposed K. Review of Grants of Access. A L. The Commission expects that the recipient(s) have an opportunity to party other than the requestor may NRC staff and presiding officers (and correct or explain the record. challenge an NRC staff determination any other reviewing officers) will (3) The requestor may challenge the granting access to SUNSI whose release consider and resolve requests for access NRC staff’s adverse determination with would harm that party’s interest to SUNSI or SGI, and motions for respect to access to SUNSI or with independent of the proceeding. Such a protective orders, in a timely fashion in respect to standing or need to know for challenge must be filed within 5 days of order to minimize any unnecessary SGI by filing a challenge within 5 days the notification by the NRC staff of its delays in identifying those petitioners of receipt of that determination with: (a) grant of access and must be filed with: who have standing and who have The presiding officer designated in this (a) The presiding officer designated in propounded contentions meeting the proceeding; (b) if no presiding officer this proceeding; (b) if no presiding specificity and basis requirements in 10 has been appointed, the Chief officer has been appointed, the Chief CFR part 2. The attachment to this Administrative Judge, or if he or she is Administrative Judge, or if he or she is Order summarizes the general target unavailable, another administrative unavailable, another administrative schedule for processing and resolving judge, or an Administrative Law Judge judge, or an Administrative Law Judge requests under these procedures. with jurisdiction pursuant to 10 CFR with jurisdiction pursuant to 10 CFR It is so ordered. 2.318(a); or (c) if another officer has 2.318(a); or (c) if another officer has Dated at Rockville, Maryland, this 30th of been designated to rule on information been designated to rule on information March, 2017. access issues, with that officer. access issues, with that officer. If challenges to the NRC staff For the Nuclear Regulatory Commission. (4) The requestor may challenge the determinations are filed, these Annette L. Vietti-Cook, Office of Administration’s final adverse procedures give way to the normal Secretary of the Commission. determination with respect to process for litigating disputes trustworthiness and reliability for access concerning access to information. The ATTACHMENT 1—General Target to SGI by filing a request for review in availability of interlocutory review by Schedule for Processing and Resolving accordance with 10 CFR 2.336(f)(1)(iv). the Commission of orders ruling on Requests for Access to Sensitive (5) Further appeals of decisions under such NRC staff determinations (whether Unclassified Non-Safeguards this paragraph must be made pursuant granting or denying access) is governed Information and Safeguards to 10 CFR 2.311. by 10 CFR 2.311.7 Information in This Proceeding

Day Event/activity

0 ...... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 10 ...... Deadline for submitting requests for access to Sensitive Unclassified Non Safeguards Information (SUNSI) and/or Safeguards Infor- mation (SGI) with information: supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; demonstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fin- gerprint/background check. 60 ...... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply). 20 ...... U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to know for SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history records check), information processing (preparation of redactions or review of redacted documents), and readiness inspections. 25 ...... If NRC staff finds no ‘‘need,’’ no ‘‘need to know,’’ or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding offi- cer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 30 ...... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 ...... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. 190 ...... (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding access to SGI, the proposed recipient must be provided an opportunity to correct or explain information. 205 ...... Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR 2.336(f)(1)(iv). A ...... If access granted: Issuance of a decision by a presiding officer or other designated officer on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final ad- verse determination by the NRC staff. A + 3 ...... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order.

7 Requestors should note that the filing 46562; August 3, 2012) apply to appeals of NRC applicable), but not to the initial SUNSI/SGI request requirements of the NRC’s E-Filing Rule (72 FR staff determinations (because they must be served submitted to the NRC staff under these procedures. 49139; August 28, 2007, as amended at 77 FR on a presiding officer or the Commission, as

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Day Event/activity

A + 28 ...... Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI or SGI contentions by that later deadline. A + 53 ...... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. A + 60 ...... (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60 .... Decision on contention admission.

[FR Doc. 2017–06625 Filed 4–3–17; 8:45 am] SECURITIES AND EXCHANGE Rule.5 On the same day, C2 filed a BILLING CODE 7590–01–P COMMISSION proposed rule change with the Commission to incorporate by reference, [Release No. 34–80339] in new Section F of Chapter 6 of its rules, the rules contained in Section F RAILROAD RETIREMENT BOARD Order Granting Application by C2 of Chapter VI of CBOE’s rules.6 Options Exchange, Incorporated for an C2 has requested, pursuant to Rule 0– Actuarial Advisory Committee With Exemption Pursuant to Section 36(a) of 12 under the Exchange Act,7 that the Respect to the Railroad Retirement the Exchange Act From the Rule Filing Commission grant the Exchange an Account; Notice of Public Meeting Requirements of Section 19(b) of the exemption from the rule filing Exchange Act With Respect to Certain requirements of Section 19(b) of the Notice is hereby given in accordance Rules Incorporated by Reference Exchange Act for changes to Section F with Public Law 92–463 that the of Chapter 6 of C2’s rules that are Actuarial Advisory Committee will hold March 29, 2017. effected solely by virtue of a change to a meeting on May 4, 2017 at 10:00 a.m. C2 Options Exchange, Incorporated Section F of Chapter VI of CBOE’s rules. at the office of the Chief Actuary of the (‘‘C2’’ or ‘‘Exchange’’) has filed with the Specifically, C2 requests that it be Securities and Exchange Commission permitted to incorporate by reference U.S. Railroad Retirement Board, 844 (‘‘Commission’’) an application for an changes made to Section F of Chapter VI North Rush Street, Chicago, Illinois, on exemption under Section 36(a)(1) of the of CBOE’s rules 8 without the need for the conduct of the 27th Actuarial Securities Exchange Act of 1934 C2 to file separately the same proposed Valuation of the Railroad Retirement (‘‘Exchange Act’’) 1 from the rule filing rule changes pursuant to Section 19(b) System. The agenda for this meeting requirements of Section 19(b) of the of the Exchange Act.9 By virtue of these will include a discussion of the Exchange Act 2 with respect to certain incorporations by reference, the assumptions to be used in the 27th rules of the Chicago Board Options requirements applicable to C2 Permit Actuarial Valuation. A report containing Exchange, Incorporated (‘‘CBOE’’) that Holders 10 will change when the recommended assumptions and the the Exchange seeks to incorporate by applicable CBOE rules change, without experience on which the reference. Section 36 of the Exchange the need for C2 to file separately the recommendations are based will have Act authorizes the Commission to same proposed rule changes pursuant to been sent by the Chief Actuary to the conditionally or unconditionally Section 19(b) of the Exchange Act.11 Committee before the meeting. exempt any person, security, or The Exchange represents that Section The meeting will be open to the transaction, or any class thereof, from F of Chapter 6 is a category of Exchange public. Persons wishing to submit any provision of the Exchange Act or rules (rather than individual rules within a category) that are not trading written statements or make oral rule thereunder, if necessary or rules, and that the incorporation by presentations should address their appropriate in the public interest and reference of CBOE Chapter VI, Section communications or notices to the consistent with the protection of investors. F, which are regulatory rules, is Actuarial Advisory Committee, c/o Both C2 and CBOE are Participants in intended to be a comprehensive Chief Actuary, U.S. Railroad Retirement the National Market System Plan Board, 844 North Rush Street, Chicago, 5 Governing the Consolidated Audit Trail See Securities Exchange Act Release No. 79950 Illinois 60611–2092. (‘‘CAT NMS Plan’’ or ‘‘Plan’’).3 Each (February 2, 2017), 82 FR 9916 (February 8, 2017). 6 See Securities Exchange Act Release No. 79953 Dated: March 30, 2017. Participant in the CAT NMS Plan is (February 3, 2017), 82 FR 10034 (February 9, 2017). For the Board. required to enforce compliance by its CBOE and C2’s proposed rule changes were Martha P. Rico, members with the provisions of the Plan approved by the Commission on March 15, 2017. by adopting a ‘‘Compliance Rule’’ See Securities Exchange Act Release No. 80256, 82 Secretary to the Board. FR 14526 (March 21, 2017). applicable to its members.4 On January [FR Doc. 2017–06623 Filed 4–3–17; 8:45 am] 7 17 CFR 240.0–12. 30, 2017, CBOE filed a proposed rule 8 C2 Chapter 6, Section F states: ‘‘The rules BILLING CODE 7905–01–P change with the Commission to adopt contained in Section F of CBOE Chapter VI relating new Section F to Chapter VI of its rules to the Consolidated Audit Trail (CAT) Compliance to implement the CAT Compliance Rule, as such rules may be in effect from time to time, shall apply to C2 and are hereby incorporated into this Chapter.’’ 1 15 U.S.C. 78mm(a)(1). 9 See Letter from Laura G. Dickman, Lead 2 15 U.S.C. 78s(b). Counsel, CBOE, to Brent J. Fields, Secretary, 3 See Securities Exchange Act Release No. 79318 Commission, dated January 30, 2017 (‘‘C2 Letter’’). (November 15, 2016), 81 FR 84696 (November 23, 10 ‘‘Permit Holder’’ means ‘‘the Exchange 2016) (‘‘CAT NMS Plan Approval Order’’). All recognized holder of a Trading Permit. A Permit capitalized terms not otherwise defined herein shall Holder is also known as a Trading Permit Holder have the meaning ascribed to them in the CAT NMS under the Bylaws. Permit Holders are deemed Plan or CAT NMS Plan Approval Order. ‘members’ under the Exchange Act.’’ C2 Rule 1.1. 4 Id. at 84945, 84950. 11 C2 Letter, supra note 8.

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integration of the relevant CBOE rules rules incorporated by reference, has certain CBOE rules that are the result of into C2’s rules. The Exchange has identified the applicable originating changes to such CBOE rules, provided agreed to provide written notice to its SRO(s), together with the rules it wants that the Exchange promptly provides members whenever CBOE proposes a to incorporate by reference, and written notice to its members whenever change to a CBOE rule that the otherwise has complied with the CBOE proposes to change a rule that the Exchange has incorporated by procedural requirements set forth in the Exchange has incorporated by reference. 12 reference. Commission’s release governing For the Commission, by the Division of The Exchange believes this exemption procedures for requesting exemptive Trading and Markets, pursuant to delegated is necessary and appropriate to maintain orders pursuant to Rule 0–12 under the authority.21 consistency between C2 rules and the Exchange Act; 17 Eduardo A. Aleman, relevant CBOE rules, thus helping to • The incorporating SRO has Assistant Secretary. ensure identical regulation of C2 Permit requested incorporation of categories of [FR Doc. 2017–06571 Filed 4–3–17; 8:45 am] Holders that are also CBOE Trading rules (rather than individual rules BILLING CODE 8011–01–P Permit Holders 13 with respect to the within a category) that are not trading incorporated provisions as well as rules (e.g., the SRO has requested helping to ensure that C2-only Permit incorporation of rules such as margin, SECURITIES AND EXCHANGE Holders are subject to consistent suitability, or arbitration); and COMMISSION regulation as CBOE Trading Permit • The incorporating SRO has Holders.14 The Exchange believes that, reasonable procedures in place to [Release No. 34–80329; File No. SR– without such an exemption, such Permit provide written notice to its members NYSEArca–2017–17] Holders could be subject to two each time a change is proposed to the 15 Self-Regulatory Organizations; NYSE different standards. incorporated rules of another SRO.18 The Commission has issued Arca, Inc.; Order Approving Proposed The Commission believes that the Rule Change To Amend Rule 6.37B exemptions similar to the Exchange’s Exchange has satisfied each of these 16 Regarding Market Maker Quotations, request. In granting one such conditions. The Commission also exemption in 2010, the Commission Including To Adopt a Market Maker believes that granting the Exchange an Light Only Quotation repeated a prior, 2004 Commission exemption from the rule filing statement that it would consider similar requirements under Section 19(b) of the March 29, 2017. future exemption requests from other Exchange Act will promote efficient use self-regulatory organizations (‘‘SROs’’), of Commission and Exchange resources I. Introduction provided that: by avoiding duplicative rule filings On February 10, 2017, NYSE Arca, • An SRO wishing to incorporate based on simultaneous changes to Inc. (the ‘‘Exchange’’) filed with the rules of another SRO by reference has identical rule text sought by more than Securities and Exchange Commission submitted a written request for an order one SRO.19 (‘‘Commission’’) pursuant to Section exempting it from the requirement in The Commission therefore 19(b)(1) of the Securities Exchange Act Section 19(b) of the Exchange Act to file finds it appropriate in the public of 1934 (‘‘Act’’) 1 and Rule 19b–4 proposed rule changes relating to the interest and consistent with the protection of investors to exempt the thereunder,2 a proposed rule change to amend Rule 6.37B regarding Market 12 The Exchange will provide this notice by Exchange from the rule filing posting on its Web site, at the same location as it requirements under Section 19(b) of the Maker Quotations, including to adopt a posts its own rule filings as required by Rule 19b– Exchange Act with respect to the above- Market Maker Light Only Quotation. 4(l), a link to the location on CBOE’s Web site described rules it has incorporated by The proposed rule change was where the proposed rule change is posted. Id. 13 reference. This exemption is published for comment in the Federal ‘‘Trading Permit Holder’’ means ‘‘any 3 individual, corporation, partnership, limited conditioned upon the Exchange Register on February 27, 2017. The liability company or other entity authorized by the promptly providing written notice to its Commission received no comment Rules that holds a Trading Permit . . . A Trading members whenever CBOE changes a letters on the proposed rule change. Permit Holder is a ‘member’ solely for purposes of This order approves the proposed rule the [Exchange] Act.’’ See CBOE Rule 1.1 (citing rule that the Exchange has incorporated Section 1.1 of CBOE Bylaws). by reference. change. 14 C2 Letter, supra note 8. Accordingly, it is ordered, pursuant to II. Description of the Proposed Rule 15 20 Id. Section 36 of the Exchange Act, that Change 16 See, e.g., Securities Exchange Act Release Nos. the Exchange is exempt from the rule 72650 (July 22, 2014), 79 FR 44075 (July 29, 2014) filing requirements of Section 19(b) of The Exchange proposes to amend (order granting exemptive requests from NASDAQ Rule 6.37B(a), which provides that a OMX BX, Inc. and the NASDAQ Stock Market LLC the Exchange Act solely with respect to relating to rules of NASDAQ OMX PHLX LLC changes to the rules identified in its Market Maker may enter quotes in the incorporated by reference); 67256 (June 26, 2012), request that incorporate by reference option issues included in its 77 FR 39277, 39286 (July 2, 2012) (order approving appointment, to define a Market Maker SR–BX–2012–030 and granting exemptive request 17 ‘‘quote,’’ add a new quote type, and relating to rules incorporated by reference by the See 17 CFR 240.0–12 and Securities Exchange BX Options rules); 61534 (February 18, 2010), 75 FR Act Release No. 39624 (February 5, 1998), 63 FR specify how such quotes would be 8760 (February 25, 2010) (order granting BATS 8101 (February 18, 1998) (‘‘Commission Procedures processed when a series is open for Exchange, Inc.’s exemptive request relating to rules for Filing Applications for Orders for Exemptive Relief Pursuant to Section 36 of the Exchange Act; trading. incorporated by reference by the BATS Exchange First, the Exchange proposes to define Options Market rules) (‘‘BATS Options Market Final Rule’’). Order’’); 67256 (June 26, 2012), 77 FR 39277, 39286 18 See BATS Options Market Order, supra note 15 a Market Maker quote to provide that (July 2, 2012) (order approving SR–BX–2012–030 (citing Securities Exchange Act Release No. 49260 ‘‘[t]he term ‘quote’ or ‘quotation’ means and granting exemptive request relating to rules (February 17, 2004), 69 FR 8500 (February 24, 2004) a bid or offer entered by a Market Maker incorporated by reference by the BX Options rules); (order granting exemptive request relating to rules and 57478 (March 12, 2008), 73 FR 14521, 14539– incorporated by reference by several SROs) (‘‘2004 21 40 (March 18, 2008) (order approving SR– Order’’)). 17 CFR 200.30–3(a)(76). NASDAQ–2007–004 and SR–NASDAQ–2007–080, 19 See BATS Options Market Order, supra note 1 15 U.S.C. 78s(b)(1). and granting exemptive request relating to rules 15, 75 FR at 8761; see also 2004 Order, supra note 2 17 CFR 240.19b–4. incorporated by reference by The NASDAQ Options 17, 69 FR at 8502. 3 See Securities Exchange Act Release No. 80072 Market). 20 15 U.S.C. 78mm. (February 21, 2017), 82 FR 11964 (‘‘Notice’’).

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that updates the Market Maker’s another Market Center.7 Any untraded III. Discussion and Commission previous bid or offer, if any.’’ 4 size of an incoming quote would be Findings Second, the Exchange proposes to add added to the Consolidated Book, unless After careful review, the Commission a Market Maker Light Only Quotation it locks or crosses interest on another finds that the proposed rule change is (‘‘MMLO’’) to provide Market Makers Market Center or if the quote is an consistent with the requirements of the option to designate incoming quotes MMLO and locks or crosses Section 6 of the Act 16 and the rules and to trade solely with displayed interest undisplayed interest.8 The proposed regulations thereunder applicable to a on the Consolidated Book.5 This rule would further state that when such national securities exchange.17 In proposed change would allow Market quantity of an incoming quote is particular, the Commission finds that Makers to designate quotes as MMLO to cancelled (as opposed to being rejected the proposed rule change is consistent prevent such quotes from trading with outright), the Exchange would also with Section 6(b)(5) of the Act,18 which undisplayed liquidity upon arrival. cancel the Market Maker’s current quote requires, among other things, that the Once an MMLO is added to the on the opposite side of the market. rules of a national securities exchange Consolidated Book, the MMLO According to the Exchange, this would be designed to prevent fraudulent and designation would no longer apply and allow the Market Maker to refresh both manipulative acts and practices, to any unexecuted portion could trade its bid and offer simultaneously, as both promote just and equitable principles of with displayed and undisplayed sides of the Market Maker’s quote trade, to foster cooperation and interest. residing on the Consolidated Book coordination with persons engaged in Finally, the Exchange proposes to would be cancelled.9 Additionally, the regulating, clearing, settling, processing modify the processing of Market Maker Exchange would reject an incoming information with respect to, and quotations, including MMLOs, in a quotation if it locks or crosses interest facilitating transactions in securities, to manner that aligns with the Options on another Market Center and if it remove impediments to and perfect the Order Protection And Locked/Crossed cannot trade with interest in the mechanism of a free and open market Market Plan (‘‘Plan’’), to which the Consolidated Book at prices that do not and a national market system, and, in general, to protect investors and the Exchange is a party.6 Specifically, as trade through another Market Center.10 public interest and that the rules not be proposed, an incoming quotation would The Exchange also proposes to reject an designed to permit unfair only trade against contra-side interest in incoming MMLO if it locks or crosses discrimination between customers, the Consolidated Book at prices that undisplayed interest and cannot trade issuers, brokers, or dealers. would not trade through interest on with displayed interest in the The Exchange noted that its proposal Consolidated Book at prices that do not to add the definition of Market Maker 4 See proposed Rule 6.37B(a)(1). The Exchange trade through another Market Center.11 notes that its proposed definition is identical or quotes will provide additional clarity The proposed rule would further state and transparency to Exchange rules.19 substantially similar to related definitions on other that when an incoming quote is rejected options exchanges. See, e.g., International The Exchange further stated that it is Securities Exchange, LLC Rule 100(a)(42); BOX outright (as opposed to being cancelled difficult for Market Makers to account Options Exchange LLC Rule 100(a)(55). The after a partial fill), the Exchange would Exchange also proposes to modify the current for undisplayed liquidity in their also cancel the Market Maker’s current quoting models. The Exchange believes definition of ‘‘Quote with Size’’ to include a cross 12 reference to the proposed definition of ‘‘quotation.’’ quote on the same side of the market. that its proposal to adopt the MMLO See proposed Rule 6.1(b)(33). According to the Exchange, this functionality would therefore provide 5 See proposed Rule 6.37B(a)(2). The Exchange treatment recognizes that the Market Market Makers with increased control noted that this proposed functionality for Market Maker unsuccessfully attempted to Maker quotations is comparable to functionality over their exposure, and thus may Market Makers may currently employ for orders. update its bid or offer price, and the encourage more aggressive liquidity See Notice, supra note 3, at 11964–65, 11964 n.9. cancellation would allow the Market provision, resulting in more trading See also Rule 6.62(v) (defining Post No Preference Maker to refresh that side of its quote.13 opportunities and tighter spreads.20 Light Orders as non-routable orders that are only eligible to execute against displayed liquidity). The The Exchange also proposes to specify According to the Exchange, this would Exchange further noted that it previously offered, that, when a series is open for trading, improve overall market quality and and later eliminated, a Post No Preference Light a quote will trade only against interest improve competition on the Exchange to Only Quotation (‘‘PNPLO’’), which, like the MMLO, in the Consolidated Book and will not the benefit of all market participants.21 allowed Market Makers to designate certain 14 quotations to only interact with displayed liquidity. route. Finally, the Exchange stated that its See Notice, supra note 3, at 11965 n.10. See also According to the Exchange, the proposal to amend the treatment of Securities Exchange Act Release Nos. 67252 (June implementation of the proposed rule Market Maker quotations would assist 25, 2012), 77 FR 38879 (June 29, 2012) (SR– Market Makers in maintaining a fair and NYSEArca–2012–05) (order approving adoption of change will be no later than 30 days orderly market, would encourage PNPLO for Penny Pilot issues only); 68339 after its approval, and will be increased liquidity provision on the (December 3, 2012), 77 FR 73109 (December 7, announced by Trader Update.15 2012) (SR–NYSEArca–2012–130) (extending the Exchange, and is consistent with PNPLO to non-Penny Pilot issues); 69641 (May 28, Exchange’s obligations under the Plan 2013), 78 FR 33134 (June 3, 2013) (SR–NYSEArca– 7 See proposed Rule 6.37B(a)(3)(A). See also Rule 2013–51) (eliminating reference to the PNPLO). 6.1A(6) (defining Market Center as ‘‘a national in that it avoids trading through better 6 See Plan, dated April 14, 2009, available at, securities exchange that has qualified for prices on other exchanges and is http://www.optionsclearing.com/components/docs/ participation in the Options Clearing Corporation designed to avoid locking and crossing clearing/services/options_order_protection_ pursuant to the provisions of the rules of the plan.pdf. See also Securities Exchange Act Release Options Clearing Corporation’’). 16 15 U.S.C. 78f. No. 60405 (July 30, 2009), 74 FR 39362 (August 6, 8 See proposed Rule 6.37B(a)(3)(B)(i). 17 In approving this proposed rule change, the 2009) (File No. 4–546) (order approving the Plan). 9 See Notice, supra note 3, at 11965. Commission has considered the proposed rule’s The Plan establishes various obligations for 10 See proposed Rule 6.37B(a)(3)(C)(i). impact on efficiency, competition, and capital participating exchanges, including that Market 11 See proposed Rule 6.37B(a)(3)(C)(ii). formation. See 15 U.S.C. 78c(f). Makers should ‘‘reasonably avoid displaying, and 12 18 shall not engage in a pattern or practice of See proposed Rule 6.37B(a)(3)(C). 15 U.S.C. 78f(b)(5). displaying, any quotations that lock or cross’’ the 13 See Notice, supra note 3, at 11965. 19 See Notice, supra note 3, at 11966. best bid or offer on another Market Center. See Plan, 14 See proposed Rule 6.37B(a)(3)(D). 20 See id. supra, at Section 6(c). 15 See Notice, supra note 3, at 11965. 21 See id.

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markets.22 In particular, the Exchange The subject matter of the closed The text of the proposed rule change noted that the proposed rules with meeting will be: is available on the Exchange’s Web site respect to the treatment of Market Maker Institution and settlement of at www.ise.com, at the principal office quotations would enable Market Makers injunctive actions; of the Exchange, and at the to simultaneously update both sides of Institution and settlement of Commission’s Public Reference Room. their resting quote when one side of the administrative proceedings; and II. Self-Regulatory Organization’s quote received a partial fill but was Other matters relating to enforcement Statement of the Purpose of, and subsequently cancelled, and to leave proceedings. Statutory Basis for, the Proposed Rule undisturbed valid opposite-side interest At times, changes in Commission Change where one side of a quote is rejected and priorities require alterations in the not booked.23 This proposal does not scheduling of meeting items. In its filing with the Commission, the relieve a Market Maker of its continuous For further information and to Exchange included statements quoting, or firm quote, obligations ascertain what, if any, matters have been concerning the purpose of and basis for pursuant to Rules 6.37B and 6.86, added, deleted or postponed; please the proposed rule change and discussed respectively. For these reasons, the contact Brent J. Fields from the Office of any comments it received on the Commission finds that the proposed the Secretary at (202) 551–5400. proposed rule change. The text of these rule change is consistent with Section Dated: March 30, 2017. statements may be examined at the 6(b)(5) of the Act and the rules and Brent J. Fields, places specified in Item IV below. The regulations thereunder applicable to a Secretary. Exchange has prepared summaries, set national securities exchange. [FR Doc. 2017–06691 Filed 3–31–17; 11:15 am] forth in sections A, B, and C below, of the most significant aspects of such BILLING CODE 8011–01–P IV. Conclusion statements. It is therefore ordered, pursuant to A. Self-Regulatory Organization’s Section 19(b)(2) of the Act,24 that the SECURITIES AND EXCHANGE Statement of the Purpose of, and proposed rule change (SR–NYSEArca– COMMISSION Statutory Basis for, the Proposed Rule 2017–17) be, and hereby is, approved. [Release No. 34–80325; File No. SR–ISE– Change For the Commission, by the Division of 2017–25] Trading and Markets, pursuant to delegated 1. Purpose authority.25 Self-Regulatory Organizations; The purpose of the proposed rule Eduardo A. Aleman, International Securities Exchange, change is to rename the Exchange to Assistant Secretary. LLC; Notice of Filing and Immediate reflect its new placement within the [FR Doc. 2017–06564 Filed 4–3–17; 8:45 am] Effectiveness of Proposed Rule Nasdaq, Inc. corporate structure in BILLING CODE 8011–01–P Change To Rename the Exchange as connection with the March 9, 2016 Nasdaq ISE, LLC acquisition by Nasdaq of the capital stock of U.S. Exchange Holdings, and SECURITIES AND EXCHANGE March 29, 2017. the thereby indirectly acquiring all of COMMISSION Pursuant to Section 19(b)(1) of the the interests of the International Securities Exchange Act of 1934 (the Securities Exchange, LLC, ISE Gemini, 1 2 Sunshine Act Meeting ‘‘Act’’), and Rule 19b–4 thereunder, LLC and ISE Mercury, LLC.4 notice is hereby given that on March 17, Specifically, all references in the Notice is hereby given, pursuant to 2017, the International Securities the provisions of the Government in the Exchange’s Second Amended and Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’) Restated Constitution and Third Sunshine Act, Public Law 94–409, that filed with the Securities and Exchange the Securities and Exchange Amended and Restated Limited Commission (‘‘SEC’’ or ‘‘Commission’’) Liability Company Agreement, Rule Commission will hold a closed meeting the proposed rule change as described on Thursday, April 6, 2017 at 2 p.m. Book and Fee Schedule to in Items I and II below, which Items ‘‘International Securities Exchange, Commissioners, Counsel to the have been prepared by the Exchange. Commissioners, the Secretary to the LLC,’’ ‘‘ISE, LLC,’’ or ‘‘ISE’’ shall be The Commission is publishing this amended to ‘‘Nasdaq ISE, LLC’’ or Commission, and recording secretaries notice to solicit comments on the will attend the closed meeting. Certain ‘‘Nasdaq ISE.’’ Moreover, consistent proposed rule change from interested with changes already filed for ISE staff members who have an interest in persons. the matters also may be present. Gemini, LLC, the rule change proposes The General Counsel of the I. Self-Regulatory Organization’s to amend references to ‘‘ISE Gemini’’ to Commission, or her designee, has Statement of the Terms of Substance of ‘‘Nasdaq GEMX,’’ and references to ‘‘ISE certified that, in her opinion, one or the Proposed Rule Change Mercury’’ and ‘‘Mercury’’ to ‘‘Nasdaq MRX.’’ 5 The Exchange also proposes more of the exemptions set forth in 5 The Exchange proposes to amend its minor grammatical changes which are U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) Second Amended and Restated necessary as a result of the name and 17 CFR 200.402(a)(3), (a)(5), (a)(7), Constitution, Third Amended and change, i.e., amending ‘‘a’’ to ‘‘an.’’ The (a)(9)(ii) and (a)(10), permit Restated LLC Agreement, Rule Book and consideration of the scheduled matter at Fee Schedule to rename itself Nasdaq 4 See Securities Exchange Act Release No. 78119 the closed meeting. ISE, LLC. In addition this rule change (June 27, 2016), 81 FR 41611 (SR–ISE–2016–11; SR– Commissioner Stein, as duty officer, proposes to amend references to the ISE Gemini–2016–05; SR–ISE Mercury–2016–10) voted to consider the items listed for the names of certain affiliated markets (Order Granting Accelerated Approval of Proposed closed meeting in closed session. within the ISE Rulebook.3 Rule Changes, Each as Modified by Amendment No. 1 Thereto, Relating to a Corporate Transaction in Which Nasdaq, Inc. Will Become the Indirect Parent 22 See id. 1 15 U.S.C. 78s(b)(1). of ISE, ISE Gemini, and ISE Mercury). 23 See id. 2 17 CFR 240.19b–4. 5 See Securities Exchange Act Release No. 80248 24 15 U.S.C. 78s(b)(2). 3 The affiliated markets are ISE Gemini, LLC and (March 15, 2017) (SR–ISEGemini–2017–13). See 25 17 CFR 200.30–3(a)(12). ISE Mercury, LLC. also SR–ISEMercury–2017–05.

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Exchange proposes to amend its name operative for 30 days after the date of its it appears to the Commission that such for ISE on April 3, 2017. filing. However, Rule 19b–4(f)(6)(iii) 11 action is necessary or appropriate in the permits the Commission to designate a public interest, for the protection of 2. Statutory Basis shorter time if such action is consistent investors, or otherwise in furtherance of The Exchange believes that its with the protection of investors and the the purposes of the Act. If the proposal is consistent with Section 6(b) public interest. The Exchange has asked Commission takes such action, the of the Act,6 in general, and furthers the the Commission to waive the 30-day Commission shall institute proceedings objectives of Section 6(b)(5) of the Act,7 operative delay so that the Exchange to determine whether the proposed rule in particular, in that it is designed to may amend its name as of April 3, 2017. should be approved or disapproved. promote just and equitable principles of The Exchange stated that it intends to IV. Solicitation of Comments trade, to remove impediments to and announce the name change for ISE and perfect the mechanism of a free and certain of its affiliated markets on the Interested persons are invited to open market and a national market same date to reflect the unified submit written data, views, and system, and, in general to protect ownership of these markets by Nasdaq, arguments concerning the foregoing, investors and the public interest by Inc.12 The Exchange believes that including whether the proposed rule renaming the Exchange and updating changing the names of all three change is consistent with the Act. the names of certain affiliated markets affiliated markets at the same time is Comments may be submitted by any of to reflect its current ownership. consistent with the protection of the following methods: B. Self-Regulatory Organization’s investors and the public interest Electronic Comments Statement on Burden on Competition because it will avoid any confusion that • may arise with respect to the ownership Use the Commission’s Internet The Exchange does not believe that by Nasdaq of the three markets, and will comment form (http://www.sec.gov/ the proposed rule change will impose rules/sro.shtml); or relieve various administrative burdens • any burden on competition not associated with the name changes.13 Send an email to rule-comments@ necessary or appropriate in furtherance The Commission believes the waiver of sec.gov. Please include File Number SR– of the purposes of the Act. The the operative delay is consistent with ISE–2017–25 on the subject line. Exchange does not believe that the the protection of investors and the Paper Comments proposed rule change will impact the public interest. Accordingly, the • intense competition that exists in the Send paper comments in triplicate Commission hereby waives the to Brent J. Fields, Secretary, Securities options market. The name change will operative delay and designates the reflect the current ownership structure and Exchange Commission, 100 F Street proposed rule change operative upon NE., Washington, DC 20549–1090. and unify the options markets operated filing.14 by Nasdaq, Inc. At any time within 60 days of the All submissions should refer to File filing of the proposed rule change, the Number SR–ISE–2017–25. This file C. Self-Regulatory Organization’s number should be included on the Statement on Comments on the Commission summarily may temporarily suspend such rule change if subject line if email is used. To help the Proposed Rule Change Received From Commission process and review your Members, Participants, or Others 11 17 CFR 240.19b–4(f)(6)(iii). comments more efficiently, please use No written comments were either 12 ISE Gemini, LLC and ISE Mercury, LLC have only one method. The Commission will solicited or received. proposed in separate rule changes to amend their post all comments on the Commission’s names as of April 3, 2017. See Securities Exchange Internet Web site (http://www.sec.gov/ III. Date of Effectiveness of the Act Release No. 80248 (March 15, 2017), 82 FR 14547 (March 21, 2017) (SR–ISEGemini–2017–13) rules/sro.shtml). Copies of the Proposed Rule Change and Timing for submission, all subsequent Commission Action (‘‘Nasdaq GEMX Proposal’’). See also Securities Exchange Act Release No. 34–80326 (March 29, amendments, all written statements Because the proposed rule change 2017) (SR–ISEMercury–2017–05) (‘‘Nasdaq MRX with respect to the proposed rule does not (i) significantly affect the Proposal’’). change that are filed with the 13 For example, the Exchange states that it is protection of investors or the public notifying a number of parties of the name change Commission, and all written interest; (ii) impose any significant along with members of all three of the markets; the communications relating to the burden on competition; and (iii) become Exchange and members may have to update proposed rule change between the operative for 30 days from the date on contractual agreements or forms as a result of the Commission and any person, other than name change; and administrative changes can be which it was filed, or such shorter time accomplished at the same time if the operative those that may be withheld from the as the Commission may designate, it has dates of all three of the entities are aligned. The public in accordance with the become effective pursuant to Section Exchange believes that it is in the interest of the provisions of 5 U.S.C. 552, will be 19(b)(3)(A) of the Act 8 and Rule 19b– members of ISE and the members of other markets, available for Web site viewing and 9 as well as the public, to change the names of the 4(f)(6) thereunder. three markets at the same time to avoid additional printing in the Commission’s Public A proposed rule change filed administrative burdens if it were to change the Reference Room, 100 F Street NE., pursuant to Rule 19b–4(f)(6) under the names of the three markets on different dates. See Washington, DC 20549 on official Act 10 normally does not become Item 7 of SR–ISE–2017–25, Form 19b–4. The business days between the hours of Exchange further states that it will provide notification of the name changes to the members of 10:00 a.m. and 3:00 p.m. Copies of such 6 15 U.S.C. 78f(b). all three affiliated markets. Id. filing also will be available for 7 15 U.S.C. 78f(b)(5). 14 The Commission notes that it has also waived inspection and copying at the principal 8 15 U.S.C. 78s(b)(3)(A). the operative delay for the proposed rule changes office of the Exchange. All comments 9 17 CFR 240.19b–4(f)(6). As required under Rule associated with the renaming of ISE Gemini, LLC 19b–4(f)(6)(iii), the Exchange provided the to Nasdaq GEMX, LLC, and ISE Mercury, LLC to received will be posted without change; Commission with written notice of its intent to file Nasdaq MRX, LLC. See Nasdaq GEMX Proposal, the Commission does not edit personal the proposed rule change, along with a brief supra note 12; and Nasdaq MRX Proposal, supra identifying information from description and the text of the proposed rule note 12. For purposes only of waiving the 30-day submissions. You should submit only change, at least five business days prior to the date operative delay, the Commission has also of filing of the proposed rule change, or such considered the proposed rule’s impact on information that you wish to make shorter time as designated by the Commission. efficiency, competition, and capital formation. See available publicly. All submissions 10 17 CFR 240.19b–4(f)(6). 15 U.S.C. 78c(f). should refer to File Number SR–ISE–

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2017–25, and should be submitted on or The Commission finds that it is Dated: March 30, 2017. before April 25, 2017. appropriate to designate a longer period Brent J. Fields, For the Commission, by the Division of within which to take action on the Secretary. Trading and Markets, pursuant to delegated proposed rule change so that it has [FR Doc. 2017–06690 Filed 3–31–17; 11:15 am] 15 authority. sufficient time to consider the proposed BILLING CODE 8011–01–P Eduardo A. Aleman, rule change. Accordingly, the Assistant Secretary. Commission, pursuant to Section 5 [FR Doc. 2017–06560 Filed 4–3–17; 8:45 am] 19(b)(2) of the Act, designates May 14, SECURITIES AND EXCHANGE 2017, as the date by which the COMMISSION BILLING CODE 8011–01–P Commission should either approve or [Release No. 34–80330; File No. SR– disapprove or institute proceedings to NYSEMKT–2017–08] SECURITIES AND EXCHANGE determine whether to disapprove the COMMISSION proposed rule change (File Number SR– Self-Regulatory Organizations; NYSE NYSEMKT–2017–04). MKT LLC; Order Approving Proposed [Release No. 34–80336; File No. SR– For the Commission, by the Division of Rule Change To Amend Rule 925.1NY NYSEMKT–2017–04] Trading and Markets, pursuant to delegated Regarding Market Maker Quotations, authority.6 Including To Adopt a Market Maker Self-Regulatory Organizations; NYSE Light Only Quotation MKT LLC; Notice of Designation of a Eduardo A. Aleman, Longer Period for Commission Action Assistant Secretary. March 29, 2017. on a Proposed Rule Change Relating [FR Doc. 2017–06568 Filed 4–3–17; 8:45 am] I. Introduction to Market Makers Applicable When the BILLING CODE 8011–01–P Exchange Transitions Trading to Pillar, On February 10, 2017, NYSE MKT the Exchange’s New Trading LLC (the ‘‘Exchange’’) filed with the Technology Platform SECURITIES AND EXCHANGE Securities and Exchange Commission COMMISSION (‘‘Commission’’) pursuant to Section March 29, 2017. 19(b)(1) of the Securities Exchange Act On January 25, 2017, NYSE MKT LLC Sunshine Act Meeting of 1934 (‘‘Act’’) 1 and Rule 19b–4 (‘‘Exchange’’ or ‘‘NYSE MKT’’) filed thereunder,2 a proposed rule change to with the Securities and Exchange Notice is hereby given, pursuant to amend Rule 925.1NY regarding Market Commission (‘‘Commission’’), pursuant the provisions of the Government in the Maker Quotations, including to adopt a to Section 19(b)(1) of the Securities Sunshine Act, Public Law 94–409, that Market Maker Light Only Quotation. Exchange Act of 1934 (‘‘Act’’) 1 and Rule the Securities and Exchange The proposed rule change was 19b–4 thereunder,2 a proposed rule Commission Equity Market Structure published for comment in the Federal change to adopt the rules relating to Advisory Committee will hold a public Register on February 27, 2017.3 The market makers that would be applicable meeting on Wednesday, April 5, 2017, Commission received no comment when the Exchange transitions trading in the Multipurpose Room, LL–006 at letters on the proposed rule change. to Pillar, the Exchange’s new trading the Commission’s headquarters, 100 F This order approves the proposed rule technology platform. The proposed rule Street NE., Washington, DC. change. change was published for comment in The meeting will begin at 9:30 a.m. II. Description of the Proposed Rule the Federal Register on February 13, (EDT) and will be open to the public. Change 2017.3 The Commission received no Seating will be on a first-come, first- comments on the proposed rule change. The Exchange proposes to amend served basis. Doors will be open at 9:00 Section 19(b)(2) of the Act 4 provides Rule 925.1NY(a), which provides that a a.m. Visitors will be subject to security that, within 45 days of the publication Market Maker may enter quotes in the checks. The meeting will be webcast on of notice of the filing of a proposed rule option issues included in its the Commission’s Web site at change, or within such longer period up appointment, to define a Market Maker www.sec.gov. to 90 days as the Commission may ‘‘quote,’’ add a new quote type, and designate if it finds such longer period On March 14, 2017, the Commission specify how such quotes would be to be appropriate and publishes its published notice of the Committee processed when a series is open for reasons for so finding or as to which the meeting (Release No. 34–80245), trading. self-regulatory organization consents, indicating that the meeting is open to First, the Exchange proposes to define the Commission shall either approve the the public and inviting the public to a Market Maker quote to provide that proposed rule change, disapprove the submit written comments to the ‘‘[t]he term ‘quote’ or ‘quotation’ means proposed rule change, or institute Committee. This Sunshine Act notice is a bid or offer entered by a Market Maker proceedings to determine whether the being issued because a majority of the that updates the Market Maker’s 4 proposed rule change should be Commission may attend the meeting. No previous bid or offer, if any.’’ approved or disapproved. The 45th day earlier notice of this Meeting was 1 after publication of the notice for this practicable. 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. proposed rule change is March 30, 2017. The agenda for the meeting will focus 3 See Securities Exchange Act Release No. 80073 The Commission is extending this 45- on potential recommendations and (February 21, 2017), 82 FR 11952 (‘‘Notice’’). day time period. updates from the four subcommittees. 4 See proposed Rule 925.1NY(a)(1). The Exchange notes that its proposed definition is identical or For further information, please substantially similar to related definitions on other 15 17 CFR 200.30–3(a)(12). contact Brent J. Fields from the Office of options exchanges. See, e.g., International 1 15 U.S.C. 78s(b)(1). the Secretary at (202) 551–5400. Securities Exchange, LLC Rule 100(a)(42); BOX 2 17 CFR 240.19b–4. Options Exchange LLC Rule 100(a)(55). The 3 See Securities Exchange Act Release No. 79982 Exchange also proposes to modify the current (Feb. 7, 2017), 82 FR 10508. 5 15 U.S.C. 78s(b)(2). definition of ‘‘Quote with Size’’ to include a cross 4 15 U.S.C. 78s(b)(2). 6 17 CFR 200.30–3(a)(31). Continued

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Second, the Exchange proposes to add it locks or crosses interest on another national securities exchange.17 In a Market Maker Light Only Quotation Market Center or if the quote is an particular, the Commission finds that (‘‘MMLO’’) to provide Market Makers MMLO and locks or crosses the proposed rule change is consistent the option to designate incoming quotes undisplayed interest.8 The proposed with Section 6(b)(5) of the Act,18 which to trade solely with displayed interest rule would further state that when such requires, among other things, that the on the Consolidated Book.5 This quantity of an incoming quote is rules of a national securities exchange proposed change would allow Market cancelled (as opposed to being rejected be designed to prevent fraudulent and Makers to designate quotes as MMLO to outright), the Exchange would also manipulative acts and practices, to prevent such quotes from trading with cancel the Market Maker’s current quote promote just and equitable principles of undisplayed liquidity upon arrival. on the opposite side of the market. trade, to foster cooperation and Once an MMLO is added to the According to the Exchange, this would coordination with persons engaged in Consolidated Book, the MMLO allow the Market Maker to refresh both regulating, clearing, settling, processing designation would no longer apply and its bid and offer simultaneously, as both information with respect to, and any unexecuted portion could trade sides of the Market Maker’s quote facilitating transactions in securities, to with displayed and undisplayed residing on the Consolidated Book remove impediments to and perfect the interest. would be cancelled.9 Additionally, the mechanism of a free and open market Finally, the Exchange proposes to Exchange would reject an incoming and a national market system, and, in modify the processing of Market Maker quotation if it locks or crosses interest general, to protect investors and the quotations, including MMLOs, in a on another Market Center and if it public interest and that the rules not be manner that aligns with the Options cannot trade with interest in the designed to permit unfair Order Protection And Locked/Crossed Consolidated Book at prices that do not discrimination between customers, Market Plan (‘‘Plan’’), to which the trade through another Market Center.10 issuers, brokers, or dealers. 6 The Exchange noted that its proposal Exchange is a party. Specifically, as The Exchange also proposes to reject an to add the definition of Market Maker proposed, an incoming quotation would incoming MMLO if it locks or crosses only trade against contra-side interest in quotes will provide additional clarity undisplayed interest and cannot trade and transparency to Exchange rules.19 the Consolidated Book at prices that with displayed interest in the would not trade through interest on The Exchange further stated that it is Consolidated Book at prices that do not difficult for Market Makers to account another Market Center.7 Any untraded 11 trade through another Market Center. for undisplayed liquidity in their size of an incoming quote would be The proposed rule would further state added to the Consolidated Book, unless quoting models. The Exchange believes that when an incoming quote is rejected that its proposal to adopt the MMLO outright (as opposed to being cancelled functionality would therefore provide reference to the proposed definition of ‘‘quotation.’’ after a partial fill), the Exchange would See proposed Rule 900.2NY(65). Market Makers with increased control 5 See proposed Rule 925.1NY(a)(2). The Exchange also cancel the Market Maker’s current over their exposure, and thus may 12 noted that this proposed functionality for Market quote on the same side of the market. encourage more aggressive liquidity Maker quotations is comparable to functionality on According to the Exchange, this provision, resulting in more trading another options exchange for orders. See Notice, treatment recognizes that the Market 20 supra note 3, at 11953 n.9. See also NYSE Arca, Inc. opportunities and tighter spreads. (‘‘NYSE Arca’’) Rule 6.62(v) (defining Post No Maker unsuccessfully attempted to According to the Exchange, this would Preference Light Orders as non-routable orders that update its bid or offer price, and the improve overall market quality and are only eligible to execute against displayed cancellation would allow the Market improve competition on the Exchange to liquidity). The Exchange further noted that NYSE Maker to refresh that side of its quote.13 21 Arca previously offered, and later eliminated, a Post the benefit of all market participants. No Preference Light Only Quotation (‘‘PNPLO’’), The Exchange also proposes to specify Finally, the Exchange stated that its which, like the MMLO, allowed Market Makers to that, when a series is open for trading, proposal to amend the treatment of designate certain quotations to only interact with a quote will trade only against interest Market Maker quotations would assist displayed liquidity. See Notice, supra note 3, at in the Consolidated Book and will not Market Makers in maintaining a fair and 11953 n.10. See also Securities Exchange Act 14 Release Nos. 67252 (June 25, 2012), 77 FR 38879 route. orderly market, would encourage (June 29, 2012) (SR–NYSEArca–2012–05) (order According to the Exchange, the increased liquidity provision on the approving adoption of PNPLO for Penny Pilot Exchange, and is consistent with issues only); 68339 (December 3, 2012), 77 FR implementation of the proposed rule 73109 (December 7, 2012) (SR–NYSEArca–2012– change will be no later than 30 days Exchange’s obligations under the Plan 130) (extending the PNPLO to non-Penny Pilot after its approval, and will be in that it avoids trading through better issues); 69641 (May 28, 2013), 78 FR 33134 (June announced by Trader Update.15 prices on other exchanges and is 3, 2013) (SR–NYSEArca–2013–51) (eliminating designed to avoid locking and crossing reference to the PNPLO). III. Discussion and Commission markets.22 In particular, the Exchange 6 See Plan, dated April 14, 2009, available at, Findings http://www.optionsclearing.com/components/docs/ noted that the proposed rules with respect to the treatment of Market Maker clearing/services/ After careful review, the Commission options_order_protection_plan.pdf. See also quotations would enable Market Makers finds that the proposed rule change is Securities Exchange Act Release No. 60405 (July 30, to simultaneously update both sides of 2009), 74 FR 39362 (August 6, 2009) (File No. 4– consistent with the requirements of their resting quote when one side of the 546) (order approving the Plan). The Plan Section 6 of the Act 16 and the rules and quote received a partial fill but was establishes various obligations for participating regulations thereunder applicable to a exchanges, including that Market Makers should subsequently cancelled, and to leave ‘‘reasonably avoid displaying, and shall not engage in a pattern or practice of displaying, any 8 See proposed Rule 925.1NY(a)(3)(B)(i). 17 In approving this proposed rule change, the quotations that lock or cross’’ the best bid or offer 9 See Notice, supra note 3, at 11953. Commission has considered the proposed rule’s on another Market Center. See Plan, supra, at 10 See proposed Rule 925.1NY(a)(3)(C)(i). impact on efficiency, competition, and capital Section 6(c). 11 See proposed Rule 925.1NY(a)(3)(C)(ii). formation. See 15 U.S.C. 78c(f). 7 See proposed Rule 925.1NY(a)(3)(A). See also 12 See proposed Rule 925.1NY(a)(3)(C). 18 15 U.S.C. 78f(b)(5). Rule 900.2NY(36) (defining Market Center as ‘‘a 13 19 national securities exchange that has qualified for See Notice, supra note 3, at 11953. See Notice, supra note 3, at 11954. participation in the Options Clearing Corporation 14 See proposed Rule 925.1NY(a)(3)(D). 20 See id. pursuant to the provisions of the rules of the 15 See Notice, supra note 3, at 11954. 21 See id. Options Clearing Corporation’’). 16 15 U.S.C. 78f. 22 See id.

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undisturbed valid opposite-side interest I. Self-Regulatory Organization’s in connection with its statutory where one side of a quote is rejected and Statement of the Terms of Substance of mandate,5 the MSRB seeks to amend not booked.23 This proposal does not the Proposed Rule Change Rule G–3(i) to prescribe continuing relieve a Market Maker of its continuous The MSRB filed with the Commission education requirements for municipal quoting, or firm quote, obligations a proposed rule change to amend MSRB advisors. Section 15B(b) of the Act, as pursuant to Rules 925.1NY and 970NY, Rule G–3, on professional qualification amended by the Dodd-Frank Wall Street respectively. For these reasons, the requirements, to establish continuing Reform and Consumer Protection Act Commission finds that the proposed education requirements for municipal (‘‘Dodd-Frank Act’’), specifically requires the MSRB to provide rule change is consistent with Section advisors; 3 and accompanying professional standards and continuing 6(b)(5) of the Act and the rules and amendments to MSRB Rule G–8, on education requirements for municipal regulations thereunder applicable to a books and records to be made by advisors. The goal of continuing national securities exchange. brokers, dealers and municipal education is to ensure that certain securities dealers (‘‘dealers’’) and IV. Conclusion associated persons of municipal municipal advisors; and the proposed advisors stay abreast of issues that may rule change also makes minor technical It is therefore ordered, pursuant to affect their job responsibilities and of 24 changes to Rule G–3 to reflect the Section 19(b)(2) of the Act, that the product and regulatory developments. renumbering of sections and updates to proposed rule change (SR–NYSEMKT– The proposed rule change also would cross-referenced provisions (collectively 2017–08) be, and hereby is, approved. amend Rule G–8 to establish the ‘‘proposed rule change’’). The MSRB For the Commission, by the Division of recordkeeping requirements related to requests that the proposed rule change Trading and Markets, pursuant to delegated the administration of a municipal authority.25 be approved with an implementation advisor’s continuing education program. date of January 1, 2018. Municipal In addition, the proposed rule change Eduardo A. Aleman, advisors would, therefore, have until Assistant Secretary. would make technical changes to Rule December 31, 2018 to complete a needs G–3 to reflect the renumbering of [FR Doc. 2017–06565 Filed 4–3–17; 8:45 am] analysis, develop a written training plan sections and updates to cross-referenced BILLING CODE 8011–01–P and deliver the appropriate training to provisions. comply with the annual training requirement for calendar year 2018. Background SECURITIES AND EXCHANGE The text of the proposed rule change In May 1993, due to the increasing COMMISSION is available on the MSRB’s Web site at complexity of the securities industry, a www.msrb.org/Rules-and- self-regulatory organization (‘‘SRO’’) [Release No. 34–80327; File No. SR–MSRB– Interpretations/SEC-Filings/2017- task force 6 was formed by the industry’s 2017–02] Filings.aspx, at the MSRB’s principal SROs, to study and develop office, and at the Commission’s Public recommendations regarding continuing Self-Regulatory Organizations; Reference Room. education needs in the securities Municipal Securities Rulemaking II. Self-Regulatory Organization’s industry. In September 1993, the task Board; Notice of Filing of a Proposed Statement of the Purpose of, and force issued a report recommending a Rule Change to Rule G–3, on formal two-part continuing education Statutory Basis for, the Proposed Rule Professional Qualification program.7 The task force also Change Requirements, and Rule G–8, on recommended that a permanent council Books and Records, To Establish In its filing with the Commission, the on continuing education, composed of Continuing Education Requirements MSRB included statements concerning broker-dealers and SRO representatives, for Municipal Advisors and the purpose of and basis for the be formed to develop the content for the Accompanying Recordkeeping proposed rule change and discussed any continuing education program and Requirements comments it received on the proposed provide ongoing maintenance of the rule change. The text of these statements program. Pursuant to this March 29, 2017. may be examined at the places specified recommendation, the Securities Pursuant to Section 19(b)(1) of the in Item IV below. The MSRB has Industry/Regulatory Council on Securities Exchange Act of 1934 (the prepared summaries, set forth in Continuing Education (‘‘CE Council’’) ‘‘Exchange Act’’ or ‘‘Act’’) 1 and Rule Sections A, B, and C below, of the most was formed. 8 The CE Council prepared 19b–4 thereunder,2 notice is hereby significant aspects of such statements. given that on March 22, 2017 the representatives and municipal advisor principals; A. Self-Regulatory Organization’s and to require each prospective municipal advisor Municipal Securities Rulemaking Board Statement of the Purpose of, and representative and municipal advisor principal to (the ‘‘MSRB’’ or ‘‘Board’’) filed with the Statutory Basis for, the Proposed Rule take and pass the municipal advisor representative Securities and Exchange Commission Change qualification examination. See Exchange Act (the ‘‘SEC’’ or ‘‘Commission’’) the Release No. 74384 (February 26, 2015), 80 FR 11706 1. Purpose (March 4, 2015) (SR–MSRB–2014–08). proposed rule change as described in 5 See 15 U.S.C. 78o–4(b)(2)(L)(ii) and (iii). Items I, II, and III below, which Items Now that the MSRB has launched the 6 The SROs in the task force included the MSRB, have been prepared by the MSRB. The Municipal Advisor Representative American Stock Exchange, Inc., the Chicago Board Commission is publishing this notice to 4 Options Exchange, Inc., the National Association of Qualification Examination (Series 50), Securities Dealers, Inc. (n/k/a the Financial solicit comments on the proposed rule Industry Regulatory Authority), the New York Stock change from interested persons. 3 Municipal advisor would have the same Exchange, Inc., and the Philadelphia Stock meaning as in Section 15B(e)(4) of the Act, 17 CFR Exchange, Inc. 240.15Ba1–1(d)(1)–(4) and other rules and 7 Report and Recommendations of the Securities 23 See id. regulations thereunder. Industry Task Force on Continuing Education 24 15 U.S.C. 78s(b)(2). 4 On February 26, 2015, the MSRB received (September 1993). 25 17 CFR 200.30–3(a)(12). approval from the SEC amending Rule G–3 to 8 The CE Council is currently composed of up to 1 15 U.S.C. 78s(b)(1). establish two new registration classifications for 20-industry members from broker-dealers, 2 17 CFR 240.19b–4. municipal advisors: Municipal advisor Continued

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draft rules to implement the continuing its unique training needs based on for the protection of investors and education program, which the SROs various factors, for example, the municipal entities or obligated persons. filed as proposed enabling rules with business activities the firm and its Pursuant to proposed Rule G– the Commission.9 associated persons engage in, the level 3(i)(ii)(B)(1), a municipal advisor would The MSRB was a member of the CE of industry experience the firm’s be required to, at least annually, Council upon its formation and has associated persons have and any conduct a needs analysis that evaluates remained a member since. Consistent changes to applicable rules or and prioritizes its training needs, with the CE Council’s recommendation, regulations. Upon completion of a needs develop a written training plan based on the MSRB filed, and the SEC approved, analysis, a dealer is required to develop the needs analysis, and deliver training amendments to Rule G–3 establishing a a written training plan consistent with applicable to its municipal advisory formal two-part continuing education its analysis of the training priorities activities. Additionally, in developing a program for registered persons, identified. Dealers must maintain written training plan, a municipal requiring uniform industry-wide records documenting the completion of advisor must take into consideration the periodic training in regulatory matters, the needs analysis, the content of the firm’s size, organizational structure, and ongoing training programs training programs and completion of the scope of municipal advisory activities, conducted by firms to enhance their training by each of the firm’s covered as well as regulatory developments. registered persons’ securities knowledge Proposed Rule G–3(i)(ii)(B)(2) would registered persons.12 and skills. Hence, continuing education prescribe the minimum standards for requirements for securities industry Proposed Amendments to Rule G–3: continuing education training by participants are not a new regulatory Establishing Continuing Education requiring that each municipal advisor’s development. Requirements for Municipal Advisors training include, at a minimum, training Dealers are currently required, on the applicable regulatory pursuant to Rule G–3(i), to maintain a As described in detail below, the requirements and the fiduciary duty continuing education program for their MSRB is proposing amendments to Rule obligations owed to municipal entity ‘‘covered registered persons’’ 10 after G–3 to establish continuing education clients. The minimum training on the their initial qualification and requirements for municipal advisors. applicable regulatory requirements registration. Rule G–3(i) also sets out the Like the Firm Element component for would require a municipal advisor’s two-pronged approach to continuing dealers, municipal advisors would be continuing education program to education requirements consisting of a required to, at least annually, conduct a include training on the regulatory Regulatory Element and a Firm Element needs analysis that evaluates and requirements applicable to the component. The Regulatory Element, prioritizes their specific training needs, municipal advisory activities its covered which is developed by the CE Council, develop a written training plan based on persons engage in. However, training on is a computer-based training program the needs identified in the analysis, and the fiduciary duty obligation owed to that focuses on compliance, regulatory, deliver training concerning municipal municipal entity clients is a minimum ethical and sales practice standards with advisory activities designed to meet component of the continuing education the content derived from common those training needs. However, the training for all covered persons, even industry rules and regulations, as well proposed requirements for municipal those that may not engage in municipal as widely accepted standards and advisors would differ from the dealers’ advisory activities on behalf of a practices within the industry. Under Firm Element requirements with respect municipal entity client. The fiduciary Rule G–3(i)(i)(A), covered registered to identifying those that are subject to duty obligation owed to a municipal persons are required to complete the training and the content that must entity client is a keystone principal of Regulatory Element training within 120 be covered in the training as part of the the regulatory framework for municipal days of the second anniversary of their minimum standards for the annual advisors that the MSRB believes every registration approval date, and every training. covered person engaged in municipal three years thereafter.11 advisory activities should be familiar The Firm Element is a firm- Under proposed Rule G–3(i)(ii), with. A municipal advisor would, administered training program that municipal advisors would be required nonetheless, still have the flexibility to requires dealers to annually evaluate to implement a continuing education determine the appropriate scope of and prioritize their training needs. The training program for those individuals training that its covered persons need documentation evidencing such annual qualified as either a municipal advisor on the fiduciary duty obligation based evaluation is commonly referred to as a representative or as a municipal advisor on the municipal advisory activities that needs analysis. A needs analysis principal (collectively, ‘‘covered its covered persons engage in. generally reflects a firm’s assessment of persons’’).13 The establishment of Recognizing that the nature of continuing education requirements for municipal advisory activities engaged in representing a broad cross section of securities municipal advisors would assist in by municipal advisors can be diverse, industry firms, and representatives from the MSRB ensuring that all firms provide a the proposed rule change would provide and other SROs, as well as liaisons from the SEC minimum-level standard of training that municipal advisors with sufficient and the North American Securities Administrators Association. is appropriate in the public interest and flexibility to determine their firm- 9 See Exchange Act Release No. 35341 (February specific training needs and the content 8, 1995), 60 FR 8426 (February 14, 1995) (SR– 12 MSRB Rule G–9(b)(viii)(C). and scope of the training appropriate for MSRB–94–17, SR–AMEX–94–59, SR–CBOE–94–49, 13 Under Rule G–3(d)(i)(A), ‘‘municipal advisor their covered persons. For example, a SR–CHX–94–27, SR–NASD–94–72, SR–NYSE–94– representative’’ means ‘‘a natural person associated municipal advisor that only provides 43, SR–PSE–94–35, and SR–PHLX–94–52). with a municipal advisor who engages in municipal 10 Under Rule G–3(i)(ii)(A), a ‘‘covered registered advisory activities on the municipal advisor’s advice to municipal entities on swap person’’ means ‘‘any person registered with a behalf.’’ Under MSRB Rule G–3(e)(i), ‘‘municipal transactions would be permitted to broker, dealer or municipal securities dealer and advisor principal’’ means ‘‘a natural person design its annual training plan based qualified as a representative or principal in associated with a municipal advisor who is upon the rules and practices applicable accordance with this rule or as a general securities qualified as a municipal advisor representative and principal and who regularly engages in or is directly engaged in the management, direction or to its limited business model, so long as supervises municipal securities activities.’’ supervision of the municipal advisory activities of such training plan included the 11 MSRB Rule G–3(i)(i)(A). the municipal advisor and its associated persons.’’ applicable regulatory requirements

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applicable to that limited business and appropriate examining authority deems programs by each covered person.16 a component regarding the fiduciary appropriate.14 Such a requirement may Recordkeeping requirements are an duty obligation owed to municipal stipulate the class of covered persons for important element of compliance and entity clients. Moreover, municipal which it is applicable, the time period the proposed amendments to Rule G–8 advisors would be able to determine the in which the requirement must be are appropriately tailored to facilitate method for delivering such training. For satisfied and, where appropriate, the the examination of a municipal example, a municipal advisor could actual training content. advisor’s compliance with the determine that the most effective In an effort to reduce regulatory continuing education requirements. manner for delivering the training overlap for dealer-municipal advisors,15 Technical Amendments would be to require its covered persons the proposed rule change would allow to attend an applicable seminar by a dealer-municipal advisor to deliver The MSRB is proposing minor subject matter experts and/or to utilize continuing education training that technical amendments to add paragraph an on-line training resource. would satisfy its training needs for the headers, and renumber and update rule The MSRB notes that the minimum firm’s dealer and municipal advisor cross-references to Rule G–3(i)(i) and requirements for continuing education activities. More specifically, pursuant to Rule G–3(i)(ii). Rule G–3(i)(i) would be training, outlined under the proposed Rule G–3(i)(ii)(E), as proposed, each revised by adding the paragraph header rule change, should not be viewed by dealer-municipal advisor would be ‘‘Continuing Education Requirements municipal advisors as the full scope of permitted to develop a single written for Brokers, Dealers, and Municipal the subject matter appropriate for training plan, if that training plan is Securities Dealers.’’ Rule G–3(i)(i)(D) municipal advisors’ training programs. consistent with each needs analysis that would be revised by adding the The minimum standard for training was conducted of the firm’s municipal paragraph header ‘‘Reassociation’’ and does not negate the need for each advisory activities and municipal renumbered Rule G–3(i)(i)(A)(4). Rule municipal advisor to consider whether, securities activities. In addition, the G–3(i)(i)(E) would be relocated to based on its needs analysis, additional proposed rule provision would allow a proposed subparagraph Rule G– training applicable to the municipal municipal advisor to conduct training 3(i)(i)(A)(4). Rule G–3(i)(ii) would be re- advisory activities it conducts are for its covered persons and covered lettered Rule G–3(i)(i)(B). Due to these appropriate. registered persons, which would satisfy changes, other paragraphs under Rule Proposed Rule G–3(i)(ii)(B)(3) would the continuing education requirements G–3(i) would be renumbered and re- require a municipal advisor to under Rules G–3(i)(i)(B) and G–3(i)(ii), if lettered. administer its continuing education such training is consistent with the As noted above, the MSRB is seeking program in accordance with the annual firm’s written training plan(s) and that an implementation date for the evaluation and prioritization of its training meets the minimum standards proposed rule change of January 1, training needs and the written training for the training programs, as required 2018. To comply with the annual plan developed as consistent with its under the rule. training requirement for calendar year needs analysis. Also, pursuant to this Proposed Amendments to Rule G–8 2018, a municipal advisor would need provision, a municipal advisor would be to complete a needs analysis, develop a required to maintain records The proposed amendments to Rule G– written training plan and deliver the documenting the content of its training 8 address the books and records that appropriate training by December 31, programs and a record that each of its must be made and maintained by a 2018. covered persons identified completed municipal advisor to show compliance the applicable training. with recordkeeping requirements 2. Statutory Basis Under proposed Rule G–3(i)(ii)(C), a related to the administration of a The MSRB believes that the proposed municipal advisor’s covered persons municipal advisor’s continuing rule change is consistent with Section (those individuals qualified as a education program. The Board adopted 15B(b)(2)(A) of the Act,17 which municipal advisor representative or the approach of specifying, in some provides that the MSRB’s rules shall: detail, the information to be reflected in municipal advisor principal) would be provide that no municipal securities broker required to participate in the firm’s various records. Specifically, the or municipal securities dealer shall effect any continuing education training programs. proposed amendments to Rule G–8(h) transaction in, or induce or attempt to induce If consistent with its training plan, a would require each municipal advisor the purchase or sale of, any municipal municipal advisor could deliver training to make and maintain records regarding security, and no broker, dealer, municipal appropriate for all covered persons. In the firm’s completion of its needs securities dealer, or municipal advisor shall addition, a municipal advisor may analysis and the development of its provide advice to or on behalf of a municipal determine that its training needs corresponding written training plan. entity or obligated person with respect to Moreover, with respect to each municipal financial products or the issuance indicate that it should also deliver of municipal securities, unless . . . such particular training for certain covered municipal advisor’s written training municipal securities broker or municipal persons, for example, those covered plan, municipal advisors would be securities dealer and every natural person persons that have been designated with required to make and keep records associated with such municipal securities supervisory responsibilities under Rule documenting the content of the firm’s broker or municipal securities dealer meet G–44, or those covered persons that training programs and a record such standards of training, experience, have been engaged in municipal evidencing completion of the training competence, and such other qualifications as advisory activities for a short period of 16 time. 14 For purposes of Rule G–3(i)(ii)(D), ‘‘appropriate Rule G–9(h) generally requires municipal advisors to preserve the books and records Under proposed Rule G–3(i)(ii)(D), on examining authority’’ means ‘‘a registered securities association with respect to a municipal advisor that described in Rule G–8(h) for a period of not less specific training requirements, the is a member of such association, or the than five years for purposes of consistency with appropriate examining authority may Commission, or the Commission’s designee, with SEC Rule 15Ba1–8 of the Act on books and records require a municipal advisor, respect to any other municipal advisor.’’ to be made and maintained by municipal advisors. 15 See Exchange Act Release No. 73415 (October 23, individually or as part of a larger group, A member of the Financial Industry Regulatory Authority that is a municipal securities dealer and 2014), 79 FR 64423 (October 29, 2014) (SR–MSRB– to provide specific training to its municipal advisor is commonly referred to as a 2014–06). covered persons in such areas the ‘‘dealer-municipal advisor.’’ 17 15 U.S.C. 78o–4(b)(2)(A).

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the Board finds necessary or appropriate in necessary or appropriate in the public relating to their continuing education the public interest or for the protection of interest and for the protection of program. Establishing a requirement for investors and municipal entities or obligated investors, municipal entities, and municipal advisors to maintain records persons. obligated persons, provided that there is reflecting their continuing education This provision provides the MSRB robust protection of investors against programs would allow the appropriate with authority to establish standards of fraud. examining authority that examines training, experience, competence and As noted by the SEC in the Municipal municipal advisors to better monitor other qualifications as the MSRB finds Advisor Registration Final Rule, ‘‘the and promote compliance with the necessary. The MSRB believes that the municipal advisor regulatory regime proposed rule change. proposed rule change is consistent with should continue to enhance municipal entity and obligated person protections B. Self-Regulatory Organization’s this provision of the Act in that the Statement on Burden on Competition proposed rule change would provide for and incentivize municipal advisors not minimum levels of training for persons to engage in misconduct.’’ 20 The Section 15B(b)(2)(C) of the Act 22 engaged in municipal advisory proposed rule change would establish requires that MSRB rules not be activities, which is in the public interest continuing education program designed to impose any burden on and for the protection of investors, requirements for municipal advisors. By competition not necessary or municipal entities and obligated establishing a formal, robust continuing appropriate in furtherance of the persons. The SEC noted that ‘‘[the] new education program, municipal advisors purposes of the Act. The MSRB has registration requirements and regulatory would ensure their covered persons are considered the economic impact standards are intended to mitigate some kept informed of issues that affect their associated with the proposed rule of the problems observed with the job responsibilities and of regulatory change, including a comparison to conduct of some municipal advisors, developments, which is in furtherance reasonable alternative regulatory including [. . .] advice rendered by of the protection of investors against approaches, relative to the baseline. The financial advisors without adequate fraud and misconduct. MSRB does not believe that the training or qualifications, and failure to The MSRB believes that, while the proposed rule change would impose any place the duty of loyalty to their clients proposed rule change would lead to burden on competition that is not ahead of their own interests.’’ 18 some associated costs, the costs would necessary or appropriate in furtherance Requiring municipal advisors to provide be a necessary and appropriate of the purposes of the Act. The MSRB believes that the proposed continuing education, including regulatory burden to ensure that rule change would produce benefits for minimum training on the fiduciary duty individuals engaging in municipal users of municipal advisory services by obligations owed to municipal entities, advisory activities are adequately trained and maintain an adequate level ensuring compliance, by municipal is consistent with and in furtherance of advisors, with existing regulations and the stated objectives articulated in the of industry knowledge. Specifically, the MSRB believes that requiring municipal applicable laws that protect investors, Municipal Advisor Registration Final municipal entities, and obligated Rule. In addition, a continuing advisors to have a continuing education program serves to maintain the integrity persons. The proposed rule change education requirement provides would keep covered persons informed investors, municipal entities and of the municipal securities market and, specifically, preserve the public of issues and regulatory developments obligated persons with the confidence that affect their job responsibilities with that individuals who engage in confidence, including the confidence of municipal entities and obligated respect to helping protect investors and municipal advisory activities and those municipal entities. Such requirements who supervise municipal advisory persons, that those engaged in municipal advisory activities meet may reduce the risk that users of activities are kept informed of municipal advisory services would regulatory developments that can occur minimum standards of training, experience, competence, and such other receive advice that results in harm or after such individuals pass a negative impact. Thus, the proposed qualification examination to engage in qualifications as the Board finds necessary or appropriate. A discussion rule change would help promote a larger municipal advisory activities. pool of qualified municipal advisor Additionally, the MSRB believes that of the economic analysis of the proposed rule change and its impact on professionals available for selection by the proposed rule change is consistent users of municipal advisory services, with Section 15B(b)(2)(L) of the Act,19 municipal advisors is provided below. Lastly, the MSRB also believes that resulting in the possibility of greater which provides that the MSRB’s rules meaningful competition between shall, with respect to municipal the proposed rule change is consistent with Section 15B(b)(2)(G) of the Act,21 providers of these services. advisors: The MSRB recognizes that municipal (i) Prescribe means reasonably which provides that the MSRB’s rules shall prescribe records to be made and advisors would incur programmatic designed to prevent acts, practices, and costs associated with developing a courses of business as are not consistent kept by municipal securities brokers, municipal securities dealers, and continuing education program, with a municipal advisor’s fiduciary delivering training and maintaining duty to its clients; municipal advisors and the periods for which such records shall be preserved. records of compliance with the (ii) provide continuing education continuing education requirements. requirements for municipal advisors; The proposed amendments to Rule G– 8 would assist in ensuring that These costs are likely to be highest (iii) provide professional standards; when the rule’s requirements are and municipal advisors are complying with proposed Rule G–3 by extending the initially being implemented, but should (iv) not impose a regulatory burden on diminish over time after these initial small municipal advisors that is not existing recordkeeping requirements applicable to municipal advisors to start-up costs are incurred. The effect on include making and maintaining records competition between municipal 18 See Exchange Act Release No. 70462 advisors may be impacted by these (September 20, 2013), 78 FR 67467 at 67469 (November 12, 2013) (‘‘Municipal Advisor 20 See Municipal Advisor Registration Final Rule, upfront costs as some firms, particularly Registration Final Rule’’). supra note 14, at 67611. 19 15 U.S.C. 78o–4(b)(2)(L). 21 15 U.S.C. 78o–4(b)(2)(G). 22 15 U.S.C. 78o–4(b)(2)(C).

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larger firms, may be better able to bear The MSRB considered the economic would ‘‘establish a flexible, principles- these costs than other firms. impact of the proposed rule change and based rule that is harmonized with To mitigate these costs, the proposal has addressed comments relevant to the current FINRA [continuing education] was modified, based on public impact in additional sections of the requirements.’’ FSI also commended the comments, to offer flexibility to filing. MSRB for ‘‘choosing a flexible and less prescriptive approach to this rule municipal advisors in how they C. Self-Regulatory Organization’s making.’’ PRAG commented that implement the requirements of the Statement on Comments on the ‘‘continuing education is a necessary proposed rule change. The proposed Proposed Rule Change Received From part of the regulatory framework.’’ rule change allows flexibility for Members, Participants, or Others developing continuing education Similarly, NAMA commented training based on firm size, The MSRB solicited comment on ‘‘[c]ontinuing education requirements organizational structure, and scope of establishing continuing education are imperative to ensuring that MAs are business activities. In addition, the requirements for municipal advisors in held to a professional standard that 24 proposed rule change has been modified a Request for Comment and received strengthens their professional to also allow for the development of a 11 comment letters in response to the responsibilities to municipal entities.’’ 25 single training plan that is consistent draft amendments. A copy of MSRB Although supportive, a few with each needs analysis conducted by Notice 2016–24 is attached as Exhibit commenters suggested the need for a dealer-municipal advisor. Moreover, 2a; a list of the comment letters received clarification on aspects of the proposal dealer-municipal advisors can in response is attached as Exhibit 2b; and additional guidance with respect to incorporate identified, firm-specific and copies of the comment letters are the implementation of any continuing training needs, with respect to their attached as Exhibit 2c. Below is a education requirements.27 municipal advisory activities, into their summary of the comments and the MSRB’s responses are provided. Implementation of the Proposed Rule existing training programs, as long as Change any offered training is consistent with Support for the Proposed Rule Change Certain commenters asserted that the the written training plan(s). In response to MSRB Notice 2016–24, proposal is premature and The MSRB understands that most commenters generally expressed recommended that the MSRB delay small municipal advisors may not support for the establishment of implementing continuing education employ full-time staff for the purpose of continuing education requirements for requirements for municipal advisors.28 developing and implementing municipal advisors.26 PFM commented NAMA recommended that the MSRB continuing education training. However, that they ‘‘[welcome] the ‘‘step back and complete an analysis on the MSRB believes that the proposed implementation of continuing education the impact that the implementation of rule change, which provides sufficient requirements for municipal advisors all of the new rules and qualification flexibility regarding how the because [they] believe there are inherent standards have on MAs, and then requirement is met, does not demand benefits of ongoing continuing determine the scope of continuing that municipal advisors hire additional education which would assist education standards.’’ Lamont Financial staff. Moreover, third parties, including municipal advisors in expanding their noted that a phased in implementation the MSRB, may provide training knowledge and promoting compliance period ‘‘would be the only appropriate resources that would be available to with applicable regulations necessary way to make the rule effective.’’ municipal advisors at a relatively low within the current regulatory According to PFM, the MSRB should cost. To the extent that the costs environment.’’ FSI stated that it consider ‘‘[t]he institution of a associated with the proposed rule supports the proposed rule change reasonable [phased] in period that change may cause some municipal because, as proposed, such amendments considers additional requirements for advisors to exit the market or to municipal advisor principals which consolidate with other firms, the MSRB 24 See MSRB Regulatory Notice 2016–24, supra more likely consists of at least a two- believes these effects are unlikely to note 23. year timeframe for implementing the 25 See Email from G. Letti, Breena LLC, dated materially impact competition for the proposed continuing education provision of municipal advisory September 30, 2016 (‘‘Breena’’); Email from Garth Schulz, Castle Advisory Company LLC, dated requirements.’’ PRAG expressed a services. September 30, 2016 (‘‘Castle Advisory’’); Letter similar sentiment, stating that the The MSRB considered alternatives, from Jeff White, Principal, Columbia Capital ‘‘implementation of continuing Management, LLC, dated November 11, 2016 including the development of a education requirements [should] be mandatory training program, similar to (‘‘Columbia Capital’’); Letter from David T. Bellaire, Executive Vice President and General Counsel, delayed until the ‘grace period’ for the the Regulatory Element requirement for Financial Services Institute, dated November 14, Series 50 exam has passed and dealers, and a more prescriptive 2016 (‘‘FSI’’); Letter from Robert A. Lamb, implementation of the Series 54 exam continuing education requirement.23 President, Lamont Financial Services Corporation, dated October 21, 2016 (‘‘Lamont Financial’’); Email has occurred.’’ However, at this time, the MSRB does from Lawrence Goldberg, dated September 30, The MSRB is supportive of a delayed not believe that such proposals are 2016(‘‘Goldberg’’); Letter from Susan Gaffney, implementation period. The MSRB necessary and that the current proposed Executive Director, National Association of believes that implementing the rule change achieves the proper balance Municipal Advisors, dated November 14, 2016 (‘‘NAMA’’); Letter from Leo Karwejna, Managing continuing education requirements after between the likely benefits associated Director and Chief Compliance Officer, PFM Group, the one-year grace period for the with the proposed rule change and the dated November 14, 2016 (‘‘PFM’’); Letter from Municipal Advisor Representative likely costs associated with Marianne F. Edmonds, Senior Managing Director, Qualification Examination (Series 50) 29 implementing the requirements of the Public Resources Advisory Group, dated November 14, 2016 (‘‘PRAG’’); Email from Jonathan Roberts, proposed rule change. Roberts Consulting, LLC, dated October 14, 2016 27 NAMA, PFM and PRAG. (‘‘Roberts’’); Letter from Donna DiMaria, Chairman 28 Lamont, NAMA and PRAG. 23 MSRB Regulatory Notice 2016–24, Request for of the Board of Directors, Third Party Marketers 29 The one-year grace period for the Series 50 Comment on Draft Provisions to Establish a Association, dated November 17, 2016 (‘‘3PM’’). examination ends on September 12, 2017. The one- Continuing Education Requirement for Municipal 26 3PM, Breena, Castle Advisory, Columbia year grace period allows municipal advisor Advisors (‘‘draft amendments’’) (September 30, Capital, FSI, Lamont Financial, NAMA, PFM and professionals to continue to engage in or supervise 2016) PRAG. Continued

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affords municipal advisors time to MA professionals in-house using a mix NAMA suggested that the MSRB could continue to more fully digest current of formal and informal training/ provide such details and expectations, regulatory requirements and for education methods. We also leverage with respect to the development of a municipal advisor professionals to take free and low-cost resources provided by needs analysis, by providing and pass the Series 50 exam. The MSRB third-parties—state GFOA conferences, representative sample needs analyses or does not believe, however, that it is web-based seminars from organizations additional guidance. NAMA also stated, necessary to delay the implementation like the Council of Development more specifically, further guidance of continuing education requirements Finance Agencies, etc.—to supplement would benefit municipal advisors with until the development of the Municipal our advisors’ continuing education.’’ respect to: Advisor Principal Qualification Lamont Financial acknowledged that • How firms should identify and Examination (Series 54), as any the MSRB is a resource for training evaluate applicable training needs, municipal advisor must first be materials and expressed that ‘‘the Board including those related to the fiduciary qualified as a municipal advisor should continue to develop materials duty standard and regulatory issues that representative. Moreover, the goal of the that will help educate professionals in arise with respect to current practices continuing education requirement is to the field.’’ Lamont Financial also added for clients, as well as anticipated or enhance the knowledge, skill, and that ‘‘[c]ertain national associations, forthcoming responsibilities for clients; professionalism of covered persons by such as NAMA, may be a good source • What content should be included in ensuring that all covered persons for providing continuing education to a written training plan; receive regular training, and in an municipal advisors.’’ • Acceptable delivery mechanisms acceptable depth, applicable to a firm’s As proposed, the continuing for meeting continuing education municipal advisory activities. As noted education requirements for municipal requirements; and earlier in the filing, the MSRB has advisors preserve flexibility as to the • How to document that training was requested an implementation date of content and delivery method for completed. January 1, 2018. As a result, municipal continuing education training. The PFM requested that the MSRB advisors would have until December 31, proposed rule change does not prescribe ‘‘provid[e] more specific guidance on 2018, to conduct the first required content requirements for the training required subjects with further annual training in compliance with the that municipal advisors must provide, interpretive guidance describing rule. beyond addressing the regulatory information to be covered on core requirements and, specifically, the concepts within the municipal Commercial Training Materials fiduciary duty obligation to a firm’s industry.’’ Additionally, PFM suggested Some commenters expressed concerns municipal entity clients. Instead, the that the MSRB publish core competency regarding the lack of commercially proposed rule change affords municipal subject requirements on a range of available materials specifically designed advisors the flexibility to identify and various topics for purposes of ensuring to use in delivering continuing deliver continuing education training in ‘‘a level of consistency in educational education training for municipal the most convenient and effective information so as to enhance the quality advisors.30 Columbia Capital indicated, manner possible based on their business and standard of training received by all ‘‘it is not likely that third-parties will model. A municipal advisor’s training municipal advisors.’’ develop CE content that is broad enough program may utilize multiple methods The MSRB recognizes that additional to encompass the full breadth of the of delivery, such as seminars, computer- guidance on conducting a needs MA’s role with respect to governmental based training, webcasts, or analysis and how to implement a issuers and obligated parties.’’ dissemination of information requiring continuing education program may Moreover, according to Columbia written acknowledgement that the benefit municipal advisors, especially Capital, ‘‘most MA firms will be left to materials have been received and read. non-dealer municipal advisors. The develop their own CE programs—an Moreover, industry trade associations MSRB intends, before the proposed rule 33 outcome that could be onerous for small may be a good source of continuing change is implemented, whether in firms.’’ PRAG noted it is ‘‘not confident education training materials, in addition collaboration with industry that [third-party] providers will step to podcasts, webinars and educational associations, or otherwise, to provide into this space and have concern [sic] materials developed by the MSRB. guidance to assist municipal advisors in about both the cost and time required Accordingly, the MSRB does not believe understanding their obligations to for the development of appropriate the lack of commercially-available develop a continuing education materials.’’ Lamont Financial stated, content would cause an undue burden program. The guidance would not be ‘‘the Board may be out over its skis in on municipal advisors.31 designed to promote or establish a considering [the] rule at this point uniform training program, but rather to because the development of commercial Conducting a Needs Analysis and provide a common approach to assist training resources for municipal Developing a Written Training Plan municipal advisors in the development advisors has not been significant to Two commenters noted the proposal and implementation of a firm-specific date.’’ would benefit from additional clarity training program. Municipal advisors Conversely, 3PM stated that ‘‘several and details regarding completing a should be aware that any guidance or of the industry’s CE providers began needs analysis, including the core approaches recommended for offering MA training modules as part of subjects to be covered, and on consideration would not create a safe their firm-element product offerings developing a written training plan.32 harbor and that each municipal advisor over a year ago.’’ Columbia Capital would need to decide what measures noted, ‘‘[w]e have historically provided 31 For example, as suggested by Lamont ongoing continuing education for our Financial, continuing education training would 33 The MSRB notes, to assist broker-dealers in most likely occur through attendance at conferences complying with their continuing education program municipal advisory activities, without having or committee conference calls from membership in requirements, the CE Council publishes a Guide to passed the Series 50 examination, until the organizations like the National Society of Firm Element Needs Analysis and Training Plan expiration of the grace period. Compliance Professionals or participation in Development that is available at http:// 30 Columbia Capital, Lamont Financial and organizations related to the business of the advisor. www.cecouncil.com/media/232538/guide_to_firm_ PRAG. 32 NAMA and PFM. element.pdf.

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should be taken in fulfilling its Economic and Administrative Burdens utilizing existing content available or continuing education obligations based Some commenters raised the concern content subsequently developed by on the municipal advisory activities it that the requirements are likely to be third-party resources. Each municipal engages in. burdensome on small and single-person advisor also has the flexibility to municipal advisors.34 Commenters also determine its firm-specific training Additional Compliance Burdens and needs and the content of its training for believe there could be considerable Duplicative Documentation its covered persons. Small municipal financial cost related to the Requirements advisors and sole proprietorships with a development of in-house training narrowly focused municipal advisory 3PM expressed concerns that the materials. PRAG stated, ‘‘like other non- business may find establishing a requirement for dealer-municipal broker-dealer MA firms, [the firm] has continuing education program is advisors to complete a separate needs had to develop compliance procedures, uniquely different and significantly less analysis and separate written training hire compliance personnel and divert complex and narrower in scope than plan for both its municipal advisory time of existing personnel from other that of full-service firms. As the MSRB activities and municipal securities duties in order to document compliance activities would be duplicative and did has noted in this filing, the content and with MSRB rules. The transition has method for delivery of continuing not sufficiently reduce regulatory been burdensome for us as it has been overlap. 3PM stated, ‘‘by requiring firms education training is determined by the for all independent MA firms.’’ Lamont municipal advisor. to complete separate needs analyses, Financial expressed, ‘‘if each firm then written training plans and other has to develop its own materials, the Other Comments documentation for its municipal cost in lost productive work time will be advisory and broker dealer activities, is Roberts noted that the nature of its significant and the quality of any municipal advisory business does not in fact creating, rather than reducing, training will be dependent on the regulatory overlap.’’ According to 3PM, involve the engagement of municipal municipal advisor preparing the entity clients. That is, the municipal given that dealer-municipal advisors are materials.’’ Goldberg declared, the advisor only provides municipal examined by FINRA, there is ‘‘[no] ‘‘latest Request for Comments suggest advisory services to obligated person benefit to examiners in segregating [the overregulation [and] increasing clients. Roberts expressed concerns details of a firm’s] training that apply to interference with [and] restriction of regarding the application of the [its] MA business from other areas being business conduct.’’ Similarly, NAMA requirement for municipal advisors to evaluated by FINRA.’’ stated, ‘‘the MSRB should recognize the provide continuing education training The MSRB acknowledges that, in multiple roles a principal in a small MA on a municipal advisor’s fiduciary duty some areas, additional regulatory firm or a sole-practitioner MA has to obligations. The commenter efficiencies could be achieved for their clients and under the rulemaking recommended that the MSRB revise the dealer-municipal advisors. With respect regime already imposed by the MSRB.’’ proposal to allow for an exception to the to dealer-municipal advisors conducting NAMA further adds, ‘‘[t]he additional requirement, if it lacks applicability to a separate needs analysis, accounting for requirements of continuing education the respective municipal advisor. The both their municipal advisory activities, for all MAs and especially sole proposed rule change has been amended as well as, their dealer activities, the practitioners and smaller firms, should to reflect that the training is with MSRB notes that, because firms’ be considered along with the already respect to the fiduciary duty obligations municipal advisory and municipal existing regulatory burdens of the MSRB of municipal advisors to municipal securities lines of businesses are subject rulebook, and not create an entity clients. The scope of municipal to separate functions and regulatory overwhelming economic or advisory business can be diverse; regimes, such regulatory burden is administrative burden on these therefore, a municipal advisor may or appropriate. Dealer-municipal advisors professionals.’’ may not engage in municipal advisory must evidence that a separate needs As an initial matter, the MSRB activities on behalf of a municipal entity analysis was conducted, by clearly acknowledges that the proposed rule client. However, this does not negate the delineating the needs analysis, for the change would require municipal fact that a municipal advisor, at some separate business lines, within the advisors to devote some level of point, may pursue an undertaking that dealer-municipal advisor’s written resources to the development of its involves engaging in municipal advisory training plan(s). However, the MSRB continuing education program. activities on behalf of a municipal entity believes that permitting dealer- However, requiring registration, testing client. Therefore, all municipal advisors municipal advisors to develop a single and training of municipal advisors are subject to the requirement to provide written training plan that should further strengthen compliance training on the fiduciary duty comprehensively details and satisfies with securities laws, rules and obligation; however, municipal advisors the needs analysis for both the firm’s regulations. Moreover, the MSRB has have the flexibility to determine the municipal advisory activities and dealer considered whether the regulation is extent and scope of that training. activities could further reduce appropriately tailored and needed in III. Date of Effectiveness of the regulatory overlap. To that end, the furtherance of the protection of Proposed Rule Change and Timing for proposed rule change, which differs investors, municipal entities and the Commission Action slightly from the draft amendments public interests. It is important to note initially proposed in the request for that the proposed rule change does not Within 45 days of the date of comment, would allow dealer- require a municipal advisor to produce publication of this notice in the Federal municipal advisors engaged in diverse in-house training materials, but rather, Register or within such longer period of lines of business or with complex provides flexibility recognizing there are up to 90 days (i) as the Commission may organizational structures to choose to less costly alternatives to developing in- designate if it finds such longer period have separate plans coordinated to house training materials, such as to be appropriate and publishes its cover appropriate areas or incorporate reasons for so finding or (ii) as to which all training requirements into a single 34 Columbia Capital, Lamont Financial, NAMA the self-regulatory organization plan. and PRAG. consents, the Commission will:

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(A) By order approve or disapprove For the Commission, pursuant to delegated II. Self-Regulatory Organization’s such proposed rule change, or authority.35 Statement of the Purpose of, and (B) institute proceedings to determine Eduardo A. Aleman, Statutory Basis for, the Proposed Rule whether the proposed rule change Assistant Secretary. Change should be disapproved. [FR Doc. 2017–06562 Filed 4–3–17; 8:45 am] In its filing with the Commission, the IV. Solicitation of Comments BILLING CODE 8011–01–P self-regulatory organization included statements concerning the purpose of Interested persons are invited to and basis for the proposed rule change submit written data, views, and SECURITIES AND EXCHANGE and discussed any comments it received arguments concerning the foregoing, COMMISSION on the proposed rule change. The text including whether the proposed rule of these statement may be examined at change is consistent with the Act. [Release No. 34–80331; File No. SR–IEX– the places specified in Item IV below. Comments may be submitted by any of 2017–08] The self-regulatory organization has the following methods: prepared summaries, set forth in Self-Regulatory Organizations: Sections A, B, and C below, of the most Electronic Comments Investors Exchange LLC; Notice of significant aspects of such statements. • Use the Commission’s Internet Filing and Immediate Effectiveness of Proposed Rule Change To Correct A. Self-Regulatory Organization’s comment form (http://www.sec.gov/ Statement of the Purpose of, and rules/sro.shtml); or Typographical Errors in SR–IEX–2017– 06 Statutory Basis for, the Proposed Rule • Send an email to rule-comments@ Change sec.gov. Please include File Number SR– March 29, 2017. MSRB–2017–02 on the subject line. 1. Purpose 1 Pursuant to Section 19(b)(1) of the The Exchange recently filed with the 2 Paper Comments Securities Exchange Act of 1934 and Commission an immediately effective Rule 19b–4 thereunder,3 notice is • Send paper comments in triplicate proposed rule change to amend Rule hereby given that, on March 17, 2017, to Secretary, Securities and Exchange 11.190(g) to modify the quote instability the Investors Exchange LLC filed with Commission, 100 F Street NE., coefficients and quote instability the Securities and Exchange Washington, DC 20549. threshold included in the quote Commission (‘‘Commission’’) the instability calculation specified in All submissions should refer to File proposed rule change as described in subparagraph (g)(1) of Rule 11.190 for Number SR–MSRB–2017–02. This file Items I and II below, which Items have purposes of determining whether a number should be included on the been prepared by the self-regulatory crumbling quote exists. The rule filing subject line if email is used. To help the organization. The Commission is was published on the Commission Web Commission process and review your publishing this notice to solicit site on March 10, 2017.7 Thereafter the comments more efficiently, please use comments on the proposed rule change Exchange identified that the formula only one method. The Commission will from interested persons. contained in Rule 11.190(g)(1)(A) (the post all comments on the Commission’s ‘‘formula’’) contains several minor Internet Web site (http://www.sec.gov/ I. Self-Regulatory Organization’s typographical errors. First, the rules/sro.shtml). Copies of the Statement of the Terms of Substance of numerical references to the Quote submission, all subsequent the Proposed Rule Change Stability Coefficients contained in the amendments, all written statements Pursuant to the provisions of Section formula were each represented as with respect to the proposed rule 19(b)(1) under the Securities Exchange regular text rather than as subscript, as change that are filed with the Act of 1934 (‘‘Act’’),4 and Rule 19b–4 they are specified in subparagraph (a) of Commission, and all written thereunder,5 Investors Exchange LLC Rule 11.190(g)(1)(A). Second, the Quote communications relating to the (‘‘IEX’’ or ‘‘Exchange’’) is filing with the Stability Variables NC and FC are proposed rule change between the Commission a proposed rule change to incorrectly represented as NC–1 and Commission and any person, other than correct several typographical errors in FC–1 respectively in the formula. those that may be withheld from the Rule 11.190(g)(1)(A) and in the Purpose Exhibit 5 to this filing corrects both of public in accordance with the Section of SR–IEX–2017–06 describing these typographical errors. In addition, provisions of 5 U.S.C. 552, will be the changes to IEX Rule 11.190(g)(1)(A) Exhibit 5 to SR–IEX–2017–06 contains available for Web site viewing and proposed therein. The Exchange has inconsistent notations on text marked printing in the Commission’s Public designated this proposal as non- for deletion and retention whereby the Reference Room, 100 F Street NE., controversial and has satisfied the same phrase is marked for deletion and Washington, DC 20549 on official requirements of Rule 19b–4(f)(6)(iii) also marked as retained and relocated in business days between the hours of under the Act.6 the following subparagraph. 10:00 a.m. and 3:00 p.m. Copies of the Specifically, the phrase ‘‘the quote filing also will be available for The text of the proposed rule change instability factor result from the quote inspection and copying at the principal is available at the Exchange’s Web site stability calculation is greater than the office of the MSRB. All comments at www.iextrading.com, at the principal defined quote instability threshold’’ is received will be posted without change; office of the Exchange, and at the not clearly shown as relocated. Exhibit the Commission does not edit personal Commission’s Public Reference Room. 5 to this rule filing corrects this identifying information from typographical error by showing the text submissions. You should submit only 35 17 CFR 200.30–3(a)(12). 1 of the relocated phrase as new text, information that you wish to make 15 U.S.C. 78s(b)(1). 2 notwithstanding that it was previously available publicly. All submissions 15 U.S.C. 78a. 3 17 CFR 240.19b–4. contained in the text of Rule should refer to File Number SR–MSRB– 4 15 U.S.C. 78s(b)(1). 2017–02 and should be submitted on or 5 17 CFR 240.19b–4. 7 See Securities Exchange Act Release No. 34– before April 25, 2017. 6 17 CFR 240.19b–4(f)(6)(iii). 80202; File No. SR–IEX–2017–06.

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1.190(g)(1)(A) [sic] as amended by SR– respectively, reflects this finding.’’ (internal A proposed rule change filed under IEX–2017–06. footnote omitted) Rule 19b–4(f)(6) 12 normally does not In addition, the Purpose Section of 2. Statutory Basis become operative prior to 30 days after the filing contains two sets of the date of the filing. However, pursuant typographical errors which the IEX believes that the proposed rule to Rule 19b–4(f)(6)(iii),13 the Exchange proposes to correct with this change is consistent with Section 6(b) of 8 Commission may designate a shorter filing. First, numbered paragraph 1, the Act in general, and furthers the 9 time if such action is consistent with the beginning on page 8, which describes objectives of Section 6(b)(5) of the Act, protection of investors and the public one aspect of the proposed amendments in particular, in that it is designed to interest. The Exchange has asked the to Rule 11.190(g) inadvertently omits prevent fraudulent and manipulative Commission to waive the 30-day the Nasdaq Stock Market in the list of acts and practices, to promote just and operative delay, noting that the proposal exchanges for which protected equitable principles of trade, to foster would correct typographical errors in quotations are included in the cooperation and coordination with SR–IEX–2017–06, and stating that Crumbling Quote determination persons engaged in facilitating waiver would allow the Exchange to described in subparagraph (1) of Rule transactions in securities, to remove implement these corrections upon 11.190(g). This paragraph also uses the impediments to and perfect the effectiveness of the proposal and avoid word ‘‘protection’’ rather than mechanism of a free and open market potential confusion that otherwise ‘‘protected’’ in the second sentence. The and a national market system and, in might occur. The Commission believes proposed rule text in Exhibit 5 to the general, to protect investors and the that waiver of the 30-day operative rule filing is correct in this respect. public interest. Specifically, the delay is consistent with the protection Accordingly, IEX proposes to restate the correction of inadvertent typographical of investors and the public interest relevant portion of the Purpose Section errors in IEX Rule 11.190(g)(1)(A) and in because the proposed rule change to read as follows: SR–IEX–2017–06 describing the changes would correct a number of to IEX Rule 11.190(g)(1)(A) proposed typographical errors contained in IEX’s 1. Rule 11.190(g) states that the Exchange therein will serve the goals of the Act by utilizes real time relative quoting activity of recent SR–IEX–2017–06 filing, but having rule text accurately reflect Protected Quotations, not including IEX would not result in any substantive protected quotations, in the quote instability system functionality and avoid the changes to that proposal. Waiver of the calculation. As proposed, the Exchange is potential for market participant operative delay will allow IEX to correct proposing to include the protected quotations confusion. these errors without delay, which of the following exchanges in the quote should reduce the potential for instability calculation: New York Stock B. Self-Regulatory Organization’s Exchange, NYSE Arca, Nasdaq Stock Market, Statement on Burden on Competition confusion regarding the operation of Nasdaq BX, Bats BZX Exchange, Bats BYX IEX does not believe that the IEX’s quote instability calculation Exchange, Bats EDGX Exchange, and Bats proposed rule change will result in any referenced in IEX Rule 11.190. EDGA Exchange. In connection with our burden on competition that is not Therefore, the Commission hereby analysis of market data, as described above, waives the operative delay and the Exchange considered several different necessary or appropriate in furtherance of the purposes of the Act. The designates the proposed rule change permutations of which exchanges to include operative upon filing.14 in the model. The research identified that Exchange believes that the proposed using the Protected Quotations of these correction does not impact competition At any time within 60 days of the specific eight exchanges in the aggregate in any respect since it is designed to filing of the proposed rule change, the resulted in the greatest predictive power of correct typographical errors. Commission summarily may all permutations of exchanges assessed for temporarily suspend such rule change if determining a crumbling quote. C. Self-Regulatory Organization’s it appears to the Commission that such Statement on Comments on the Second, the description in the action is necessary or appropriate in the Proposed Rule Change Received From Purpose Section of the filing in the first public interest, for the protection of Members, Participants, or Others and third sentences of numbered investors, or otherwise in furtherance of paragraph 3 on page 10, which reference Written comments were neither the purposes of the Act. If the the quote stability variables to be solicited nor received. Commission takes such action, the Commission shall institute proceedings retired, incorrectly format N¥1 and F¥1 III. Date of Effectiveness of the in regular text, when the numeral 1 and to determine whether the proposed rule Proposed Rule Change and Timing for should be approved or disapproved. preceding minus sign in each should be Commission Action subscript. Accordingly, IEX proposes to IV. Solicitation of Comments restate the first three sentences of the Because the proposed rule change paragraph to read as follows: does not: (i) Significantly affect the Interested persons are invited to protection of investors or the public submit written data, views and The Exchange proposes to revise the quote interest; (ii) impose any significant arguments concerning the foregoing, stability variables currently specified in burden on competition; and (iii) become including whether the proposed rule subparagraph (1)(D)(i)(b) of Rule 11.190(g) by adding seven (7) new variables (NC, FC, operative for 30 days from the date on change is consistent with the Act. Delta, EPos, ENeg, EPosPrev, and ENegPrev) which it was filed, or such shorter time and retiring four (4) variables (N¥1, F¥1, E, as the Commission may designate, it has change, along with a brief description and the text and D). Specifically, based on our analysis of become effective pursuant to Section of the proposed rule change, at least five business market data, as described above, the 19(b)(3)(A) of the Act 10 and Rule 19b– days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Exchange identified that considering the 11 4(f)(6) thereunder. Commission. maximum change over the course of the 12 17 CFR 240.19b–4(f)(6). previous millisecond up to the most recent 8 15 U.S.C. 78f. 13 17 CFR 240.19b–4(f)(6)(iii). Protected NBBO change was a more accurate 9 15 U.S.C. 78f(b)(5). 14 For purposes only of waiving the 30-day indicator of a crumbling quote than simply 10 15 U.S.C. 78s(b)(3)(A). operative delay, the Commission has also looking at the absolute state of the market 11 17 CFR 240.19b–4(f)(6). As required under Rule considered the proposed rule’s impact on one millisecond previously. The replacement 19b–4(f)(6)(iii), IEX provided the Commission with efficiency, competition, and capital formation. See of N¥1, F¥1, and D with NC, FC, and Delta, written notice of its intent to file the proposed rule 15 U.S.C. 78c(f).

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Comments may be submitted by any of SECURITIES AND EXCHANGE (i) Except as provided for in Rule the following methods: COMMISSION 36.30,6 may trade only DMM securities only on or through the systems and Electronic Comments [Release No. 34–80334; File No. SR–NYSE– 2017–03] facilities of the Exchange as permitted • Use the Commission’s Internet by Exchange rules. comment form (http://www.sec.gov/ Self-Regulatory Organizations; New (ii) except as provided for in Rule rules/sro.shtml); or York Stock Exchange LLC; Order 36.30, may not communicate with individuals or systems responsible for • Approving Proposed Rule Change Send an email to rule-comments@ Amending Rule 98 making trading decisions for related sec.gov. Please include File SR–IEX– products or for away-market trading in 2017–08 on the subject line. March 29, 2017. their assigned DMM securities. Paper Comments I. Introduction (iii) shall not have access to customer information or the DMM unit’s position On January 26, 2017, New York Stock • in related products. Send paper comments in triplicate Exchange LLC (‘‘Exchange’’ or ‘‘NYSE’’) Accordingly, under current Rule 98, to Secretary, Securities and Exchange filed with the Securities and Exchange while on the Trading Floor, DMMs may Commission, 100 F Street NE., Commission (‘‘Commission’’), pursuant only trade DMM securities and, thus, Washington, DC 20549–1090. to Section 19(b)(1) of the Securities may not trade any other securities, Exchange Act of 1934 (‘‘Act’’) 1 and Rule All submissions should refer to File including securities that are related 19b–4 thereunder,2 a proposed rule Number SR–IEX–2017–08. This file products to their DMM securities. number should be included on the change to amend NYSE Rule 98. The subject line if email is used. To help the proposed rule change was published for B. Proposed Rule Change Commission process and review your comment in the Federal Register on The Exchange proposes to amend February 16, 2017.3 The Commission comments more efficiently, please use Rule 98 to remove restrictions on DMM received no comments on the proposed only one method. The Commission will operations on the Trading Floor that are rule change. The Commission is post all comments on the Commission’s unrelated to the role of DMMs at the approving the proposed rule change. Internet Web site (http://www.sec.gov/ Exchange. Specifically, as described in rules/sro.shtml). Copies of the II. Description of the Proposal Rule 104, DMMs have specified submission, all subsequent The Exchange proposes to amend obligations with respect to their DMM amendments, all written statements Rule 98 to provide that, while on the securities and have access to specified with respect to the proposed rule non-public order information regarding Trading Floor, DMMs must trade DMM 7 change that are filed with the securities at their assigned stock trading their DMM securities. However, the Commission, and all written post location and may not trade any Exchange states that DMMs do not have a unique role or access to any non- communications relating to the security that is a related product of their public order information with respect to proposed rule change between the DMM securities.4 securities that are not assigned to them Commission and any person, other than A. Background under Rule 103B. The Exchange those that may be withheld from the therefore believes that the current Rule public in accordance with the Rule 98 governs the operation of a DMM unit and paragraph (c)(3) of that 98 restrictions are unnecessarily broad. provisions of 5 U.S.C. 552, will be rule specifies restrictions on trading for Accordingly, the Exchange proposes available for Web site viewing and member organizations operating a DMM to amend Rule 98(c)(3)(B)(i) to provide printing in the Commission’s Public unit. More specifically, Rule 98(c)(3)(B) that, while on the Trading Floor, Reference Room, 100 F Street NE., provides that, while on the Trading employees of the DMM unit may trade Washington, DC 20549, on official Floor of the Exchange,5 employees of DMM securities only on or through the business days between the hours of the DMM unit: systems and facilities of the Exchange at 10:00 a.m. and 3:00 p.m. Copies of the the DMM unit’s assigned stock trading filing also will be available for 1 15 U.S.C. 78s(b)(1). post location and as permitted by inspection and copying at the principal 2 17 CFR 240.19b–4. Exchange rules. Because the proposed office of the Exchange. All comments 3 See Securities Exchange Act Release No. 80019 rule would no longer specify the only received will be posted without change; (Feb. 10, 2017), 82 FR 10942 (Feb. 16, 2017). securities that a DMM is permitted to 4 As defined in Rule 2(i), the term ‘‘DMM’’ means the Commission does not edit personal an individual member, officer, partner, employee or trade, the Exchange proposes to delete identifying information from associated person of a Designated Market Maker submissions. You should submit only Unit who is approved by the Exchange to act in the are traded, which, for the purposes of the information that you wish to make capacity of a DMM. The term ‘‘DMM securities’’ is Exchange’s Rules, is referred to as the ‘‘NYSE Amex defined in Rule 98(a)(2) to mean any securities Options Trading Floor’’ or (ii) the physical area available publicly. All submissions allocated to the DMM unit pursuant to Rule 103B within fully enclosed telephone booths located in should refer to File Number SR–IEX– or other applicable rules. The term ‘‘related 18 Broad Street at the Southeast wall of the Trading 2017–08 and should be submitted on or products’’ is defined in Rule 98(a)(7) to mean any Floor. derivative instrument that is related to a DMM 6 Rule 36.30 permits a DMM unit that is registered before April 25, 2017. security, including options, warrants, hybrid in an Investment Company Unit (as defined in For the Commission, by the Division of securities, single-stock futures, security-based swap Section 703.16 of the Listed Company Manual) or Trading and Markets, pursuant to delegated agreement, a forward contract, or any other a Trust Issued Receipt (as that term is defined in instrument that is exercisable into or whose price Rule 1200) to use a telephone connection or order 15 authority. is based upon or derived from a security traded at entry terminal at the DMM unit’s post to enter Eduardo A. Aleman, the Exchange. proprietary orders in the Unit or receipt in another 5 As defined in Rule 6A, the term ‘‘Trading Floor’’ market center, in a Component Security of such a Assistant Secretary. means the restricted-access physical areas Unit or receipt, or an options or futures contract [FR Doc. 2017–06566 Filed 4–3–17; 8:45 am] designated by the Exchange for the trading of related to such Unit or receipt, and may use the post telephone to obtain market information with BILLING CODE 8011–01–P securities, commonly known as the ‘‘Main Room’’ and the ‘‘Buttonwood Room’’ and does not include respect to such Units, receipts, options, futures or (i) the areas in the ‘‘Buttonwood Room’’ designated Component Securities. 15 17 CFR 200.30–3(a)(12). by the Exchange where NYSE Amex-listed options 7 See, e.g., Rule 104(a) and (j).

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the clause ‘‘except as provided for in Commission finds that the proposed SECURITIES AND EXCHANGE Rule 36.30.’’ The Exchange also rule change is consistent with Section COMMISSION proposes to add new Rule 98(c)(3)(B)(ii) 6(b)(5) of the Act,11 which requires, to provide that while on the Trading [Release No. 34–80337; File No. SR– among other things, that the rules of a NYSEMKT–2017–01] Floor of the Exchange, employees of the national securities exchange be DMM unit may not trade any security designed to prevent fraudulent and Self-Regulatory Organizations; NYSE that is a related product of its DMM manipulative acts and practices, to MKT LLC; Notice of Designation of a securities. The Exchange would promote just and equitable principles of Longer Period for Commission Action renumber current Rules 98(c)(3)(B)(ii) trade, to foster cooperation and on a Proposed Rule Change To Adopt and (iii) as new Rules 98(c)(3)(B)(iii) coordination with persons engaged in New Equities Trading Rules To and (iv). facilitating transactions in securities, to Transition Trading on the Exchange As a result of these proposed changes, From a Floor Based Market With a DMMs would no longer be restricted remove impediments to and perfect the mechanism of a free and open market Parity Allocation Model to Fully from trading securities that are Automated Price-Time Priority Model unrelated to DMM securities while on and a national market system, and, in general, to protect investors and the on the Exchange’s New Trading the Trading Floor. However, the Technology Platform, Pillar proposed amendments would continue public interest. to require that, while on the Trading Under the proposal, DMMs would be March 29, 2017. Floor, DMMs would not be able to trade permitted to trade securities that are On January 25, 2017, NYSE MKT LLC any securities that are related products unrelated to DMM securities while on (‘‘Exchange’’ or ‘‘NYSE MKT’’) filed to DMM securities. The proposed the Trading Floor. The Exchange with the Securities and Exchange amendment would also add a new represents that DMMs do not have a Commission (‘‘Commission’’), pursuant requirement that DMMs may only trade unique role or access to any non-public to Section 19(b)(1) of the Securities their DMM securities at their assigned 1 order information with respect to Exchange Act of 1934 (‘‘Act’’) and Rule stock trading post. 2 securities that are not assigned to them 19b–4 thereunder, a proposed rule The proposed rule change would change to transition trading on the allow Exchange DMMs that are also under Rule 103B. The Commission notes that, while on the Trading Floor, Exchange to Pillar, the Exchange’s new NYSE MKT LLC (‘‘NYSE MKT’’) DMMs trading technology platform, and to to continue to operate. Currently, NYSE DMMs would continue to be prohibited from trading securities that are related operate as a fully automated cash MKT’s cash equities trading operations equities market. The proposed rule products to DMM securities. In share a Floor with the Exchange. DMMs change was published for comment in addition, the Commission notes that, who are also approved as NYSE MKT the Federal Register on February 15, DMMs currently trade in both NYSE- while on the Trading Floor, employees 2017.3 The Commission received no listed DMM securities and NYSE MKT- of the DMM unit would be permitted to comments on the proposed rule change. listed DMM securities from the same trade DMM securities only on or Section 19(b)(2) of the Act 4 provides physical location on the exchanges’ through the systems and facilities of the that, within 45 days of the publication 8 respective Trading Floors. NYSE MKT Exchange at the DMM unit’s assigned of notice of the filing of a proposed rule has proposed to transition from a Floor- stock trading post location and as change, or within such longer period up based trading model to a fully permitted by Exchange rules. 9 to 90 days as the Commission may automated trading model. After this designate if it finds such longer period transition, NYSE MKT would continue For the above reasons, the Commission finds that the proposal is to be appropriate and publishes its to have electronic-access DMMs that reasons for so finding or as to which the would be the same member consistent with the requirements of the Act. self-regulatory organization consents, organizations that are currently the Commission shall either approve the operating as Floor-based NYSE MKT IV. Conclusion proposed rule change, disapprove the DMMs. The proposed amendment to proposed rule change, or institute Rule 98 would permit NYSE DMMs to It is therefore ordered, pursuant to proceedings to determine whether the continue to support their electronic 12 Section 19(b)(2) of the Act, that the proposed rule change should be NYSE MKT DMM functions in the same proposed rule change (NYSEMKT– approved or disapproved. The 45th day physical location where they are 2017–03) be, and it hereby is, approved. after publication of the notice for this currently operating. For the Commission, by the Division of proposed rule change is April 1, 2017. III. Discussion and Commission Trading and Markets, pursuant to delegated The Commission is extending this 45- Findings authority.13 day time period. After careful review, the Commission Eduardo A. Aleman, The Commission finds that it is appropriate to designate a longer period finds that the proposed rule change is Assistant Secretary. within which to take action on the consistent with the requirements of the [FR Doc. 2017–06567 Filed 4–3–17; 8:45 am] Act and the rules and regulations proposed rule change so that it has BILLING CODE 8011–01–P thereunder applicable to a national sufficient time to consider the proposed securities exchange.10 In particular, the rule change. Accordingly, the Commission, pursuant to Section 8 NYSE MKT DMMs operate under the NYSE 19(b)(2) of the Act,5 designates May 16, MKT Rule 98—Equities. 2017, as the date by which the 9 See Securities Exchange Act Release No. 79993 (Feb. 9, 2017), 82 FR 10814 (Feb. 15, 2017) (notice 1 15 U.S.C. 78s(b)(1). of filing of SR–NYSEMKT–2017–1 (‘‘NYSE MKT impact on efficiency, competition, and capital 2 17 CFR 240.19b–4. Trading Rules Filing’’)). Subject to rule approval, formation. See 15 U.S.C. 78c(f). NYSE MKT anticipates transitioning off of its Floor 3 See Securities Exchange Act Release No. 79993 11 in the second quarter of 2017. 15 U.S.C. 78f(b)(5). (Feb. 9, 2017), 82 FR 10814. 10 In approving this proposed rule change, the 12 Id. 4 15 U.S.C. 78s(b)(2). Commission has considered the proposed rule’s 13 17 CFR 200.30–3(a)(12). 5 Id.

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Commission should either approve or II. Self-Regulatory Organization’s of the Act,6 in general, and furthers the disapprove or institute proceedings to Statement of the Purpose of, and objectives of Section 6(b)(5) of the Act,7 determine whether to disapprove the Statutory Basis for, the Proposed Rule in particular, in that it is designed to proposed rule change (File Number SR– Change promote just and equitable principles of trade, to remove impediments to and NYSEMKT–2017–01). In its filing with the Commission, the perfect the mechanism of a free and Exchange included statements For the Commission, by the Division of open market and a national market Trading and Markets, pursuant to delegated concerning the purpose of and basis for system, and, in general to protect 6 authority. the proposed rule change and discussed investors and the public interest by Eduardo A. Aleman, any comments it received on the renaming the Exchange and updating Assistant Secretary. proposed rule change. The text of these the names of certain affiliated markets statements may be examined at the [FR Doc. 2017–06569 Filed 4–3–17; 8:45 am] to reflect its current ownership. places specified in Item IV below. The BILLING CODE 8011–01–P Exchange has prepared summaries, set B. Self-Regulatory Organization’s forth in sections A, B, and C below, of Statement on Burden on Competition the most significant aspects of such SECURITIES AND EXCHANGE The Exchange does not believe that statements. COMMISSION the proposed rule change will impose A. Self-Regulatory Organization’s any burden on competition not Statement of the Purpose of, and necessary or appropriate in furtherance [Release No. 34–80326; File No. SR– of the purposes of the Act. The ISEMercury–2017–05] Statutory Basis for, the Proposed Rule Change Exchange does not believe that the proposed rule change will impact the Self-Regulatory Organizations; ISE 1. Purpose intense competition that exists in the Mercury, LLC; Notice of Filing and options market. The name change will Immediate Effectiveness of Proposed The purpose of the proposed rule change is to rename the Exchange to reflect the current ownership structure Rule Change To Rename the Exchange and unify the options markets operated as Nasdaq MRX, LLC reflect its new placement within the Nasdaq, Inc. corporate structure in by Nasdaq, Inc. March 29, 2017. connection with the March 9, 2016 C. Self-Regulatory Organization’s acquisition by Nasdaq of the capital Pursuant to Section 19(b)(1) of the Statement on Comments on the stock of U.S. Exchange Holdings, and Securities Exchange Act of 1934 (the Proposed Rule Change Received From 1 2 the thereby indirectly acquiring all of Members, Participants, or Others ‘‘Act’’), and Rule 19b–4 thereunder, the interests of the International No written comments were either notice is hereby given that on March 17, Securities Exchange, LLC, ISE Gemini, solicited or received. 2017, ISE Mercury, LLC (‘‘ISE Mercury’’ LLC, and ISE Mercury, LLC.4 or ‘‘Exchange’’) filed with the Securities Specifically, all references in the III. Date of Effectiveness of the and Exchange Commission (‘‘SEC’’ or Exchange’s Constitution, Limited Proposed Rule Change and Timing for ‘‘Commission’’) the proposed rule Liability Company Agreement, Rule Commission Action change as described in Items I and II Book and Fee Schedule to ‘‘ISE Because the proposed rule change below, which Items have been prepared Mercury, LLC’’ or references to does not (i) significantly affect the by the Exchange. The Commission is ‘‘Mercury’’ shall be amended to protection of investors or the public publishing this notice to solicit ‘‘Nasdaq MRX, LLC’’ or ‘‘Nasdaq MRX.’’ interest; (ii) impose any significant comments on the proposed rule change Moreover, consistent with changes burden on competition; and (iii) become from interested persons. already filed for ISE Gemini, LLC, the operative for 30 days from the date on rule change proposes to amend I. Self-Regulatory Organization’s which it was filed, or such shorter time references to ‘‘ISE Gemini’’ to ‘‘Nasdaq as the Commission may designate, it has Statement of the Terms of Substance of GEMX,’’ and references to the the Proposed Rule Change become effective pursuant to Section ‘‘International Securities Exchange’’ and 19(b)(3)(A) of the Act 8 and Rule 19b– 5 The Exchange proposes to amend its ‘‘ISE’’ to ‘‘Nasdaq ISE.’’ The Exchange 4(f)(6) thereunder.9 Constitution, Limited Liability also proposes minor grammatical A proposed rule change filed Company Agreement, Rule Book and changes which are necessary as a result pursuant to Rule 19b–4(f)(6) under the 10 Fee Schedule to rename itself Nasdaq of the name change, i.e., amending ‘‘a’’ Act normally does not become to ‘‘an.’’ The Exchange proposes to MRX, LLC. In addition this rule change operative for 30 days after the date of its amend its name for ISE Mercury on 11 proposes to amend references to the filing. However, Rule 19b–4(f)(6)(iii) April 3, 2017. names of certain affiliated markets permits the Commission to designate a shorter time if such action is consistent within the ISE Mercury Rulebook.3 2. Statutory Basis with the protection of investors and the The text of the proposed rule change The Exchange believes that its is available on the Exchange’s Web site proposal is consistent with Section 6(b) 6 15 U.S.C. 78f(b). at www.ise.com, at the principal office 7 15 U.S.C. 78f(b)(5). of the Exchange, and at the 4 See Securities Exchange Act Release No. 78119 8 15 U.S.C. 78s(b)(3)(A). Commission’s Public Reference Room. (June 27, 2016), 81 FR 41611 (SR–ISE–2016–11; SR– 9 17 CFR 240.19b–4(f)(6). As required under Rule ISE Gemini-2016–05; SR–ISE Mercury–2016–10) 19b–4(f)(6)(iii), the Exchange provided the (Order Granting Accelerated Approval of Proposed Commission with written notice of its intent to file Rule Changes, Each as Modified by Amendment No. the proposed rule change, along with a brief description and the text of the proposed rule 6 17 CFR 200.30–3(a)(31). 1 Thereto, Relating to a Corporate Transaction in change, at least five business days prior to the date 1 Which Nasdaq, Inc. Will Become the Indirect Parent 15 U.S.C. 78s(b)(1). of ISE, ISE Gemini, and ISE Mercury). of filing of the proposed rule change, or such 2 17 CFR 240.19b–4. 5 See Securities Exchange Act Release No. 80248 shorter time as designated by the Commission. 3 The affiliated markets are the International (March 15, 2017) (SR–ISEGemini–2017–13). See 10 17 CFR 240.19b–4(f)(6). Securities Exchange, LLC and ISE Gemini, LLC. also SR–ISE–2017–25. 11 17 CFR 240.19b–4(f)(6)(iii).

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public interest. The Exchange has asked Commission shall institute proceedings For the Commission, by the Division of the Commission to waive the 30-day to determine whether the proposed rule Trading and Markets, pursuant to delegated operative delay so that the Exchange should be approved or disapproved. authority.15 may amend its name as of April 3, 2017. Eduardo A. Aleman, The Exchange stated that it intends to IV. Solicitation of Comments Assistant Secretary. announce the name change for ISE Interested persons are invited to [FR Doc. 2017–06561 Filed 4–3–17; 8:45 am] Mercury and certain of its affiliated submit written data, views, and BILLING CODE 8011–01–P markets on the same date to reflect the arguments concerning the foregoing, unified ownership of these markets by including whether the proposed rule 12 SECURITIES AND EXCHANGE Nasdaq, Inc. The Exchange believes change is consistent with the Act. that changing the names of all three COMMISSION Comments may be submitted by any of affiliated markets at the same time is the following methods: [Release No. 34–80328; File No. SR–CBOE– consistent with the protection of 2017–024] investors and the public interest Electronic Comments because it will avoid any confusion that • Self-Regulatory Organizations; may arise with respect to the ownership Use the Commission’s Internet Chicago Board Options Exchange, by Nasdaq of the three markets, and will comment form (http://www.sec.gov/ Incorporated; Notice of Filing of a relieve various administrative burdens rules/sro.shtml); or Proposed Rule Change Relating to associated with the name changes.13 • Send an email to rule-comments@ Reporting Duties The Commission believes the waiver of sec.gov. Please include File Number SR– the operative delay is consistent with ISEMercury–2017–05 on the subject March 29, 2017. the protection of investors and the line. Pursuant to Section 19(b)(1) of the public interest. Accordingly, the Securities Exchange Act of 1934 (the Commission hereby waives the Paper Comments ‘‘Act’’),1 and Rule 19b–4 thereunder,2 operative delay and designates the • notice is hereby given that on March 22, proposed rule change operative upon Send paper comments in triplicate 2017, Chicago Board Options Exchange, filing.14 to Brent J. Fields, Secretary, Securities Incorporated (the ‘‘Exchange’’ or At any time within 60 days of the and Exchange Commission, 100 F Street ‘‘CBOE’’) filed with the Securities and filing of the proposed rule change, the NE., Washington, DC 20549–1090. Exchange Commission (the Commission summarily may All submissions should refer to File ‘‘Commission’’) the proposed rule temporarily suspend such rule change if Number SR–ISEMercury–2017–05. This change as described in Items I, II, and it appears to the Commission that such file number should be included on the III below, which Items have been action is necessary or appropriate in the subject line if email is used. To help the prepared by the Exchange. The public interest, for the protection of Commission process and review your Commission is publishing this notice to investors, or otherwise in furtherance of comments more efficiently, please use solicit comments on the proposed rule the purposes of the Act. If the only one method. The Commission will change from interested persons. Commission takes such action, the post all comments on the Commission’s I. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ 12 The International Securities Exchange, LLC and Statement of the Terms of Substance of ISE Gemini, LLC have proposed in separate rule rules/sro.shtml). Copies of the the Proposed Rule Change changes to amend their names as of April 3, 2017. submission, all subsequent See Securities Exchange Act Release No. 80248 amendments, all written statements The Exchange proposes to amend its (March 15, 2017), 82 FR 14547 (March 21, 2017) with respect to the proposed rule Rules to provide guidance on Trading (SR–ISEGemini–2017–13) (‘‘Nasdaq GEMX change that are filed with the Permit Holder (‘‘TPH’’) reporting duties Proposal’’). See also Securities Exchange Act when certain required reporting Release No. 34–80325 (March 29, 2017) (SR–ISE– Commission, and all written 2017–25) (‘‘Nasdaq ISE Proposal’’). communications relating to the information is unknown. The text of the 13 For example, the Exchange states that it is proposed rule change between the proposed rule change is available on the notifying a number of parties of the name change Commission and any person, other than Exchange’s Web site (http:// along with members of all three of the markets; the www.cboe.com/AboutCBOE/ Exchange and members may have to update those that may be withheld from the contractual agreements or forms as a result of the public in accordance with the CBOELegalRegulatoryHome.aspx), at name change; and administrative changes can be provisions of 5 U.S.C. 552, will be the Exchange’s Office of the Secretary, accomplished at the same time if the operative available for Web site viewing and and at the Commission’s Public dates of all three of the entities are aligned. The Reference Room. Exchange believes that it is in the interest of the printing in the Commission’s Public members of ISE and the members of other markets, Reference Room, 100 F Street NE., II. Self-Regulatory Organization’s as well as the public, to change the names of the Washington, DC 20549 on official Statement of the Purpose of, and three markets at the same time to avoid additional administrative burdens if it were to change the business days between the hours of Statutory Basis for, the Proposed Rule names of the three markets on different dates. See 10:00 a.m. and 3:00 p.m. Copies of such Change Item 7 of SR–ISEMercury–2017–05, Form 19b–4. filing also will be available for In its filing with the Commission, the The Exchange further states that it will provide inspection and copying at the principal notification of the name changes to the members of Exchange included statements office of the Exchange. All comments all three affiliated markets. Id. concerning the purpose of and basis for 14 received will be posted without change; The Commission notes that it has also waived the proposed rule change and discussed the operative delay for the proposed rule changes the Commission does not edit personal any comments it received on the associated with the renaming of ISE Gemini, LLC identifying information from proposed rule change. The text of these to Nasdaq GEMX, LLC, and ISE Mercury, LLC to submissions. You should submit only Nasdaq MRX, LLC. See Nasdaq GEMX Proposal, statements may be examined at the information that you wish to make supra note 12; and Nasdaq MRX Proposal, supra places specified in Item IV below. The note 12. For purposes only of waiving the 30-day available publicly. All submissions operative delay, the Commission has also should refer to File Number SR– considered the proposed rule’s impact on 15 17 CFR 200.30–3(a)(12). efficiency, competition, and capital formation. See ISEMercury–2017–05, and should be 1 15 U.S.C. 78s(b)(1). 15 U.S.C. 78c(f). submitted on or before April 25, 2017. 2 17 CFR 240.19b–4.

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Exchange has prepared summaries, set designated by the Exchange, must report Operational Requirements Related to forth in sections A, B, and C below, of or ensure the transaction is reported to Rule 6.24 and 6.51 the most significant aspects of such the Exchange within 90 seconds of the As noted above, Rule 6.24 provides statements. execution in a form and manner that any additional information with A. Self-Regulatory Organization’s prescribed by the Exchange so that trade respect to the order shall be input into Statement of the Purpose of, and the information may be reported to time and the Exchange’s systems Statutory Basis for, the Proposed Rule sales reports’’ (or what is often referred contemporaneously upon receipt, which Change to as ‘‘the tape’’). Pursuant to Rule may occur after the representation and 6.51(b), a TPH is also required to report execution of the order. The Exchange, at 1. Purpose trades, as promptly as possible, to the an operational-level, currently requires The Exchange is proposing to amend TPH for whom such transaction was certain data fields that must be entered Rule 6.51 related to trade (or made and/or the TPH that will clear into an Exchange-approved system ‘‘transaction’’) reporting to provide such a transaction in a form and manner before an order can be represented on guidance on TPH reporting duties when prescribed by the exchange. Rule the Exchange’s trading floor. Those data certain required reporting information is 6.51.01 establishes procedures for fields include, not only those required unknown at the time a TPH reporting trades pursuant to Rule 6.51(a) by Rule 6.24, but also certain fields systematizes orders pursuant to Rule and (b). The procedures include the required by Rule 6.51 for trade reporting 6.24 or reports a trade pursuant to Rule submission of an account origin code for purposes and additional information, 6.51. The Exchange is also proposing to any agency record to be included in the not related to Rule 6.24 or 6.51 that may delete outdated language in Rule 6.51. transaction record. Typical origin codes be used to process an order. Though not Finally, the Exchange is proposing to required by Rule 6.24, those data fields amend Rule 6.67 to reference any trade include customer (C), broker-dealer (B) and market-maker (M). the Exchange operationally requires of record updates that may occur as a TPHs, at the time of systemization, result of the changes to Rule 6.51. Pursuant to Rule 6.51(d), the include (1) account origin code, (2) Exchange outlines certain trade Background opening or closing status and (3) time- information that must be reported to the in-force (i.e. an indication of how long Rule 6.24 Exchange in order for the Exchange to an order will remain active before it is Pursuant to Rule 6.24, each order, properly match and clear trades. The executed or expires).3 cancellation of, or change to an order trade information required in Rule Proposed Changes transmitted to the Exchange must be 6.51(d) includes the submission of ‘‘systematized’’, in a format approved by whether the transaction was an opening Rule 6.51 the Exchange, either before it is sent to or closing transaction (hereinafter The Exchange is proposing to add the Exchange or upon receipt on the referred to as ‘‘opening or closing Interpretation and Policy .04 to Rule floor of the Exchange. An order is status’’). Rule 6.51.03, establishes 6.51. The proposed Rule 6.51.04 will systematized if an order is sent procedures for reporting trades pursuant specify what TPHs may enter in the electronically to the Exchange; or if an to Rule 6.51(d). Rule 6.51.03 states, in event account origin code, opening or order sent to the Exchange non- part, ‘‘For trades not executed on an closing status, or time-in-force is not electronically, is input electronically electronic data storage medium, or known at the time a TPH systematizes into the Exchange’s systems electronic system, trade information an order or reports a trade. In the event contemporaneously upon receipt on the shall be immediately recorded on a card the information entered needs to be Exchange, and prior to representation of or ticket and submitted as soon as changed, the proposed rule specifies an order. With respect to non-electronic, reasonably possible, but not later than that it will be done via the CBOE Trade market and marketable orders sent to the maximum time period stated in Rule Match System (‘‘CTM’’). Proposed Rule the Exchange, the TPH responsible for 2.30.’’ 6.51.04 states: systematizing the order is required to If a Trading Permit Holder has no input into the Exchange’s systems at Rule 6.67 knowledge of the account origin code, least the following specific information opening or closing status or time-in- with respect to the order prior to Rule 6.67 is related to the CBOE Trade force of an order when the Trading representation of the order: (1) The Match System (‘‘CTM’’) and specifies Permit Holder systematizes the order option symbol; (2) the expiration month; certain information on trade records that pursuant to Rule 6.24 or reports a trade (3) the expiration year; (4) the strike may be updated. The Rule states, in pursuant to Rule 6.51, as applicable, the price; (5) buy or sell; (6) call or put; (7) part, ‘‘The CBOE Trade Match System Trading Permit Holder may use the the number of contracts; and (8) the (‘‘CTM’’) is a system in which following values when systematizing Clearing Trading Permit Holder. Rule authorized Trading Permit Holders may the order through an Exchange- 6.24 further provides that any additional add and/or update trade records. CTM approved device or reporting a information with respect to the order may be used to enter and report transaction, respectively: (a) Either open shall be input into the Exchange’s transactions that have been effected on or close, in the Trading Permit Holder’s systems contemporaneously upon the Exchange in accordance with the discretion (for opening or closing receipt, which may occur after the Exchange’s rules or to correct certain status); (b) broker-dealer (for account representation and execution of the bona fide errors.’’ origin code); and (c) day (for time-in- order. Among the fields that can be changed force). The Trading Permit Holder may Rule 6.51 by a TPH pursuant to Rule 6.67, are (1) change any of these initial values via CTM, and must maintain records of any In addition to the order reporting opening or closing status and (2) the changes, pursuant to Rule 6.67. requirements of Rule 6.24, the Exchange account origin code (subject to Exchange notification if the TPH is requires trades to be reported after 3 Time-in-force is not rule required order or execution. Pursuant to Rule 6.51(a), ‘‘[a] changing the origin code from customer transaction information but it is a data field that can participant in each transaction, to be (C) to any other origin code). be adjusted via CTM.

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Pursuant to Rule 4.22, it remains the will have no effect on how transaction and time-in-force when entering an responsibility of the Trading Permit records are updated or maintained. order.5 While the NYSE Amex has used Holder to provide accurate trade Neither the Exchange’s audit trail nor close as a default value for opening or information necessary for the reporting its ability to properly match and clear closing status, the proposed rule use of of a trade to time and sales reports or trades will be adversely effected. either open or close, in the Trading to allow the Exchange to properly match Furthermore, account origin code, Permit Holder’s discretion. This and clear trades. Any actions taken by opening or closing status and time-in- alternative is used because some the Exchange pursuant to this force do not appear on time and sales Exchange TPHs prefer to use the close Interpretation and Policy .04 do not reports, so any near real-time default value that is also used on the constitute a determination by the transaction information publically AMEX Floor (where some TPHs are also Exchange that an order was disseminated by the Exchange will not a member or participant), while other systematized or a trade was effected in be effected. Finally, because order TPHs prefer to use the open default conformity with the requirements of the information related to account origin value because their order entry systems Rules. Nothing in this Rule is intended code will be defaulted to broker-dealer, are programed to reject opening orders to define or limit the ability of the orders entered pursuant to proposed that violate Exchange Rules. Exchange to sanction or take other Rule 6.51.04 will not be afforded any 2. Statutory Basis remedial action pursuant to other Rules undue priority over any other resting for rule violations or other activity for order pursuant to Rule 6.45, Rule 6.45A The Exchange believes the proposed which remedial measures may be or 6.45B. rule change is consistent with the imposed. In connection with this filing, the Securities Exchange Act of 1934 (the In addition to proposed Rule 6.51.04, Exchange reviewed December 2016 ‘‘Act’’) and the rules and regulations the Exchange is eliminating outdated order data from the Exchange floor. Of thereunder applicable to the Exchange language in Rule 6.51.03 referencing the 48,599 orders that traded on the and, in particular, the requirements of Rule 2.30. Rule 2.30 was deleted in exchange floor in December 2016, the Section 6(b) of the Act.6 Specifically, 2005.4 Exchange noted that 17 (.03%) appeared the Exchange believes the proposed rule to have had the origin code changed change is consistent with the Section Rule 6.67 post-trade. Accordingly, the Exchange 6(b)(5) 7 requirements that the rules of The Exchange is also proposing believes that it is rare today for an order an exchange be designed to prevent changes to Rule 6.67 to reference that to change from broker-dealer to fraudulent and manipulative acts and transaction records may be updated via customer. Furthermore, the Exchange practices, to promote just and equitable CTM pursuant to proposed Rule 6.51.04. believes that most Exchange brokers principles of trade, to foster cooperation know when an order they handling is and coordination with persons engaged Analysis for a customer and they mark it in regulating, clearing, settling, As stated in proposed Rule 6.51.04, it accordingly. Finally, the Exchange notes processing information with respect to, will remain the responsibility of the that customers are able to choose their and facilitating transactions in Trading Permit Holder to provide brokers and to the extent any customer securities, to remove impediments to accurate trade information necessary for feels that it did not get a good order fill and perfect the mechanism of a free and the reporting of a trade to the Clearing as the result of a broker’s actions, open market and a national market Corporation. Any changes to be made to including the origin-code marking of an system, and, in general, to protect account origin code, opening or closing order, such customer may have recourse investors and the public interest. status, or time-in-force will have to be through their broker. Additionally, the Exchange believes the entered via post trade adjustment in The proposed Rule also states that proposed rule change is consistent with TPHs remain responsible for reporting CTM in accordance with Rule 6.67. The the Section 6(b)(5) 8 requirement that accurate trade information and that any Exchange is not changing any current the rules of an exchange not be designed actions taken by the Exchange pursuant requirement of Rule 6.24, 6.51, or any of to permit unfair discrimination between to Rule 6.51.04 do not constitute a the transaction reporting procedures customers, issuers, brokers, or dealers. outlined therein (other than the determination that an order was In particular, the Exchange believes aforementioned removal of outdated otherwise systematized or reported in that giving TPHs clarity on how account language). The purpose of the proposed accordance with the Rules. For example, origin code, opening or closing status, or CBOE’s action to allow TPHs to initially rule change is only to specify what may time-in-force should be entered at the enter default values and make a later be done in the event account origin time orders are systematized or trades change via CTM, as necessary, should code, opening or closing status, or time- are reported (and in the event that not be construed as a determination by in-force is not known at the time an information is unknown) will help the Exchange that the associated order order is systematized or a transaction is remove impediments to and perfect the or any resulting transaction proposed is reported. The additional guidance is mechanism of a free and open market in in conformity with Exchange Rules. The necessary due to the fact that that it will allow for faster and more proposed rule is not intended to be a operationally, account origin code, efficient processing of orders for both form of regulatory relief and specifically opening or closing status, or time-in- TPHs and their customers. The notes it will not define or limit the force cannot be left blank when an order Exchange has always allowed updates to Exchange’s ability to sanction TPH for is systematized pursuant to Rule 6.24 or trade records, and any record updates a transaction is reported pursuant to violations of Exchange rules. The Exchange is basing this rule that occur as a result of the proposed Rule 6.51. Furthermore, the Exchange change on order entry requirements rule will not have a negative impact on has always allowed post-trade updates already in place on the NYSE Amex the Exchange’s audit trail or the near to transaction records via CTM or Options Floor (‘‘NYSE Amex’’). otherwise. The proposed rule change 5 See Regulatory Floor Bulletin RBO–AMEX–13– Pursuant to a Regulatory Floor Bulletin 02, April 2, 2013. 4 See Securities Exchange Act Release No. 52824 issued in 2013, NYSE Amex allows 6 15 U.S.C. 78f(b). (November 22, 2005), 70 FR 72318 (December 2, ‘‘default values’’ to be used for account 7 15 U.S.C. 78f(b)(5). 2005) (SR–CBOE–2005–69). origin code, opening or closing status 8 Id.

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real-time trade information B. impose any significant burden on available for Web site viewing and disseminated publically. competition; and printing in the Commission’s Public In addition, the Exchange believes the C. become operative for 30 days from Reference Room, 100 F Street NE., proposed rule is designed to foster the date on which it was filed, or such Washington, DC 20549, on official cooperation and coordination with shorter time as the Commission may business days between the hours of persons engaged in regulating, clearing, designate, it has become effective 10:00 a.m. and 3:00 p.m. Copies of the settling, processing information with pursuant to Section 19(b)(3)(A) of the filing also will be available for respect to, and facilitating transactions Act 9 and Rule 19b–4(f)(6) 10 thereunder. inspection and copying at the principal in securities. The proposed Rule states At any time within 60 days of the filing office of the Exchange. All comments that TPHs remain responsible for of the proposed rule change, the received will be posted without change; reporting accurate trade information and Commission summarily may the Commission does not edit personal that any actions taken by the Exchange temporarily suspend such rule change if identifying information from pursuant to Rule 6.51.04 do not it appears to the Commission that such submissions. You should submit only constitute a determination that an order action is necessary or appropriate in the information that you wish to make was otherwise systematized or reported public interest, for the protection of available publicly. All submissions in accordance with the Rules. The investors, or otherwise in furtherance of should refer to File No. SR–CBOE– proposed rule is not intended to be a the purposes of the Act. If the 2017–024, and should be submitted on form of regulatory relief and specifically Commission takes such action, the or before April 25, 2017. notes it will not define or limit the Commission will institute proceedings For the Commission, by the Division of Exchange’s ability to sanction TPHs for to determine whether the proposed rule Trading and Markets, pursuant to delegated violations of Exchange rules. The change should be approved or authority.11 Exchange itself does not set any of the disapproved. Eduardo A. Aleman, default values outlined in the proposed IV. Solicitation of Comments Assistant Secretary. rule and the entry of order information [FR Doc. 2017–06563 Filed 4–3–17; 8:45 am] Interested persons are invited to remains the responsibility of TPHs. The BILLING CODE 8011–01–P Exchange monitors and surveils TPHs to submit written data, views, and ensure compliance with Exchange arguments concerning the foregoing, Rules, including Rule 6.51. including whether the proposed rule SECURITIES AND EXCHANGE change is consistent with the Act. COMMISSION B. Self-Regulatory Organization’s Comments may be submitted by any of Statement on Burden on Competition the following methods: [Release No. 34–80338] CBOE does not believe that the Electronic Comments Order Granting Application by MIAX proposed rule change will impose any • Use the Commission’s Internet PEARL, LLC for an Exemption burden on competition that is not comment form (http://www.sec.gov/ Pursuant to Section 36(a) of the necessary or appropriate in furtherance rules/sro.shtml); or Exchange Act From the Rule Filing of the purposes of the Act. The • Send an email to rule-comments@ Requirements of Section 19(b) of the proposed rule change will not have any sec.gov. Please include File No. SR– Exchange Act With Respect to Certain impact on intramarket competition as it CBOE–2017–024 on the subject line. Rules Incorporated by Reference applies equally to all TPH who are currently subject to requirements of Paper Comments March 29, 2017. MIAX PEARL, LLC (‘‘MIAX PEARL’’ Rule 6.51. Additionally, the propose • Send paper comments in triplicate or ‘‘Exchange’’) has filed with the rule change outlines a voluntary method to Secretary, Securities and Exchange Securities and Exchange Commission of handling orders and will not subject Commission, 100 F Street NE., (‘‘Commission’’) an application for an any individual TPH to additional Washington, DC 20549–1090. burden. exemption under Section 36(a)(1) of the All submissions should refer to File No. Securities Exchange Act of 1934 Furthermore, the proposed rule is SR–CBOE–2017–024. This file number 1 meant to ensure Exchange TPH’s are (‘‘Exchange Act’’) from the rule filing should be included on the subject line requirements of Section 19(b) of the able to handle and process orders in the if email is used. To help the Exchange Act 2 with respect to certain same manner as members or Commission process and review your rules of the Miami International participants of the NYSE Amex. As comments more efficiently, please use Securities Exchange, LLC (‘‘MIAX such, the proposed rule change will only one method. The Commission will Options’’ 3) that the Exchange seeks to promote intermarket competition. post all comments on the Commission’s incorporate by reference. Section 36 of C. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ the Exchange Act authorizes the Statement on Comments on the rules/sro.shtml). Copies of the Commission to conditionally or Proposed Rule Change Received From submission, all subsequent unconditionally exempt any person, Members, Participants, or Others amendments, all written statements with respect to the proposed rule 11 17 CFR 200.30–3(a)(12). The Exchange neither solicited nor change that are filed with the 1 15 U.S.C. 78mm(a)(1). received comments on the proposed Commission, and all written 2 15 U.S.C. 78s(b). rule change. communications relating to the 3 The Commission notes that MIAX PEARL proposed rule change between the referred to the Miami International Securities III. Date of Effectiveness of the Exchange, LLC as ‘‘MIAX Options’’ in its Proposed Rule Change and Timing for Commission and any person, other than application for an exemption under Section 36(a)(1) Commission Action those that may be withheld from the of the Exchange Act. See Letter from Deborah L. public in accordance with the Carroll, Associate General Counsel, MIAX PEARL, Because the foregoing proposed rule provisions of 5 U.S.C. 552, will be to Brent J. Fields, Secretary, Commission, dated change does not: February 17, 2017 (‘‘Exemptive Request’’). References herein to the rules of MIAX Options are A. Significantly affect the protection 9 15 U.S.C. 78s(b)(3)(A). to the rules of the Miami International Securities of investors or the public interest; 10 17 CFR 240.19b–4(f)(6). Exchange, LLC.

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security, or transaction, or any class complying with the MIAX Options rules exemption in 2010, the Commission thereof, from any provision of the referenced in the MIAX PEARL Chapter repeated a prior, 2004 Commission Exchange Act or rule thereunder, if XVII rules.11 MIAX PEARL does not statement that it would consider similar necessary or appropriate in the public intend to incorporate by reference any future exemption requests from other interest and consistent with the trading rules. The Exchange states that SROs, provided that: protection of investors. in each instance, the Exchange proposes • An SRO wishing to incorporate Both MIAX PEARL and MIAX to incorporate by reference categories of rules of another SRO by reference has Options are Participants in the National rules (rather than individual rules submitted a written request for an order Market System Plan Governing the within a category) that are regulatory exempting it from the requirement in Consolidated Audit Trail (‘‘CAT NMS rules. MIAX PEARL will, as a condition Section 19(b) of the Exchange Act to file Plan’’ or ‘‘Plan’’).4 Each Participant in of this exemption, provide written proposed rule changes relating to the the CAT NMS Plan is required to notice to its members whenever MIAX rules incorporated by reference, has enforce compliance by its members with Options proposes a change to Chapter identified the applicable originating the provisions of the Plan by adopting XVII of its rules.12 Such notice will alert SRO(s), together with the rules it wants a ‘‘Compliance Rule’’ applicable to its MIAX PEARL members to the proposed to incorporate by reference, and members.5 On January 30, 2017, MIAX rule change and give them an otherwise has complied with the Options filed a proposed rule change opportunity to comment on the procedural requirements set forth in the with the Commission to adopt new proposal. MIAX PEARL states that it Commission’s release governing Chapter XVII comprising MIAX Options will also inform members in writing procedures for requesting exemptive Rules 1701–1712 (‘‘MIAX Options when the Commission approves any orders pursuant to Rule 0–12 under the Compliance Rule’’).6 On February 1, such proposed changes.13 Exchange Act; 18 2017, MIAX PEARL filed a proposed The Exchange believes this exemption • The incorporating SRO has rule change with the Commission to is appropriate in the public interest and requested incorporation of categories of incorporate by reference, in new consistent with the protection of rules (rather than individual rules Chapter XVII of the MIAX PEARL investors because it will promote more within a category) that are not trading rulebook, the rules contained in MIAX efficient use of the Exchange’s and the rules (e.g., the SRO has requested Options Chapter XVII.7 Commission’s resources by avoiding incorporation of rules such as margin, MIAX PEARL has requested, pursuant duplicative rule filings based on suitability, or arbitration); and to Rule 0–12 under the Exchange Act,8 simultaneous changes to identical rules • The incorporating SRO has that the Commission grant the Exchange sought by more than one self-regulatory reasonable procedures in place to an exemption from the rule filing organization (‘‘SRO’’),14 and because it provide written notice to its members requirements of Section 19(b) of the will result in the Exchange’s rules being each time a change is proposed to the Exchange Act for changes to MIAX consistent with the relevant cross- incorporated rules of another SRO.19 PEARL Chapter XVII that are effected referenced MIAX Options rules at all The Commission believes that the solely by virtue of a change to Chapter times, thus ensuring identical regulation Exchange has satisfied each of these XVII of the MIAX Options rules. of joint members of MIAX PEARL and conditions. The Commission also Specifically, MIAX PEARL requests that MIAX Options with respect to the believes that granting the Exchange an it be permitted to incorporate by incorporated rules.15 The Exchange exemption from the rule filing reference changes made to each MIAX believes that, without such an requirements under Section 19(b) of the Options Compliance Rule that is cross- exemption, joint members could be Exchange Act will promote efficient use referenced in the MIAX PEARL Chapter subject to two different standards.16 of Commission and Exchange resources XVII rules,9 without the need for the The Commission has issued by avoiding duplicative rule filings Exchange to file separately the same exemptions similar to the Exchange’s based on simultaneous changes to proposed rule changes pursuant to request.17 In granting one such identical rule text sought by more than Section 19(b) of the Exchange Act.10 By one SRO.20 The Commission therefore virtue of these incorporations by 11 Id. at 3. finds it appropriate in the public reference, MIAX PEARL members will 12 The Exchange states that it will provide such interest and consistent with the comply with the Compliance Rule by notice on its Web site in the same section it uses protection of investors to exempt the to post its own proposed rule change filings pursuant to Rule 19b-4(l). In addition, the Exchange Exchange from the rule filing 4 See Securities Exchange Act Release No. 79318 states that its Web site will also include a link to requirements under Section 19(b) of the (November 15, 2016), 81 FR 84696 (November 23, the MIAX Options Web site where the proposed 2016) (‘‘CAT NMS Plan Approval Order’’). All rule change filings are located. Id. incorporated by reference by the BX Options rules); capitalized terms not otherwise defined herein shall 13 Id. and 57478 (March 12, 2008), 73 FR 14521, 14539– have the meaning ascribed to them in the CAT NMS 14 Id. 40 (March 18, 2008) (order approving SR– Plan or CAT NMS Plan Approval Order. 15 Id. NASDAQ–2007–004 and SR–NASDAQ–2007–080, 5 Id. at 84945, 84950. 16 Id. and granting exemptive request relating to rules 6 See Securities Exchange Act Release No. 79937 17 See, e.g., Securities Exchange Act Release Nos. incorporated by reference by The NASDAQ Options (February 2, 2017), 82 FR 9790 (February 8, 2017). 72650 (July 22, 2014), 79 FR 44075 (July 29, 2014) Market). 7 18 See Securities Exchange Act Release No. 79938 (order granting exemptive requests from NASDAQ See 17 CFR 240.0–12 and Securities Exchange (February 2, 2017), 82 FR 9929 (February 8, 2017). OMX BX, Inc. and the NASDAQ Stock Market LLC Act Release No. 39624 (February 5, 1998), 63 FR MIAX PEARL and MIAX Options’ proposed rule relating to rules of NASDAQ OMX PHLX LLC 8101 (February 18, 1998) (‘‘Commission Procedures changes were approved by the Commission on incorporated by reference); 67256 (June 26, 2012), for Filing Applications for Orders for Exemptive March 15, 2017. See Securities Exchange Act 77 FR 39277, 39286 (July 2, 2012) (order approving Relief Pursuant to Section 36 of the Exchange Act; Release No. 80256, 82 FR 14526 (March 21, 2017). SR–BX–2012–030 and granting exemptive request Final Rule’’). 8 17 CFR 240.0–12. relating to rules incorporated by reference by the 19 See BATS Options Market Order, supra note 17 9 MIAX PEARL Chapter XVII states ‘‘the rules BX Options rules); 61534 (February 18, 2010), 75 FR (citing Securities Exchange Act Release No. 49260 contained in MIAX Options Exchange Chapter XVII, 8760 (February 25, 2010) (order granting BATS (February 17, 2004), 69 FR 8500 (February 24, 2004) as such rules may be in effect from time to time (the Exchange, Inc.’s exemptive request relating to rules (order granting exemptive request relating to rules ‘Chapter XVII Rules’), are hereby incorporated by incorporated by reference by the BATS Exchange incorporated by reference by several SROs) (‘‘2004 reference into this MIAX PEARL Chapter XVII, and Options Market rules) (‘‘BATS Options Market Order’’)). are thus MIAX PEARL Rules and thereby applicable Order’’); 67256 (June 26, 2012), 77 FR 39277, 39286 20 See BATS Options Market Order, supra note to MIAX PEARL Members.’’ (July 2, 2012) (order approving SR–BX–2012–030 17, 75 FR at 8761; see also 2004 Order, supra note 10 See Exemptive Request, supra note 3, at 2–3. and granting exemptive request relating to rules 19, 69 FR at 8502.

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Exchange Act with respect to the above- Executive Office Building, Washington, 03/27/2017, Private Non-Profit described rules it has incorporated by DC 20503. organizations that provide essential reference. This exemption is FOR FURTHER INFORMATION CONTACT: services of governmental nature may file conditioned upon the Exchange Curtis Rich, Agency Clearance Officer, disaster loan applications at the address promptly providing written notice to its (202) 205–7030 [email protected]. listed above or other locally announced locations. members whenever MIAX Options COPIES: A copy of the Form OMB 83–1, The following areas have been changes a rule that the Exchange has supporting statement, and other determined to be adversely affected by incorporated by reference. documents submitted to OMB for the disaster: Accordingly, it is ordered, pursuant to review may be obtained from the 21 Section 36 of the Exchange Act, that Agency Clearance Officer. Primary Counties: The counties of the Exchange is exempt from the rule Douglas (including the Washoe SUPPLEMENTARY INFORMATION: Reporting filing requirements of Section 19(b) of Tribe of Nevada and California and recordkeeping requirements, the Exchange Act solely with respect to within the State of Nevada), Elko Investment companies, Finance, changes to the rules identified in its (including the South Fork Band of Business/Industry, Small Business. request that incorporate by reference Te-Moak Tribe of Western Conduct standards. certain MIAX Options rules that are the Shoshone), Humboldt, and Washoe Title: Financing Eligibility result of changes to such MIAX Options’ and the independent city of Carson Statement—Social Disadvantage/ rules, provided that the Exchange City. Economic: Disadvantage. promptly provides written notice to its Frequency: On Occasion. The Interest Rates are: members whenever MIAX Options SBA Form Numbers: 1941 A, B, C. proposes to change a rule that the Percent Description of Respondents: Small Exchange has incorporated by reference. Business Investment Companies and For Physical Damage: For the Commission, by the Division of Small Businesses. Non–Profit Organizations With Trading and Markets, pursuant to delegated Responses: 10. Credit Available Elsewhere ... 2.500 authority.22 Annual Burden: 15. Non–Profit Organizations With- out Credit Available Else- Eduardo A. Aleman, Curtis B. Rich, Sr., where ...... 2.500 Assistant Secretary. Management Analyst. For Economic Injury: Non–Profit Organizations With- [FR Doc. 2017–06570 Filed 4–3–17; 8:45 am] [FR Doc. 2017–06635 Filed 4–3–17; 8:45 am] out Credit Available Else- BILLING CODE 8011–01–P BILLING CODE P where ...... 2.500

The number assigned to this disaster SMALL BUSINESS ADMINISTRATION SMALL BUSINESS ADMINISTRATION for physical damage is 150986 and for [Disaster Declaration #15098 and #15099] economic injury is 150996. Reporting and Recordkeeping Nevada Disaster #NV–00048 (Catalog of Federal Domestic Assistance Requirements Under OMB Review Number 59008) AGENCY: Small Business Administration. AGENCY: U.S. Small Business James E. Rivera, ACTION: 30-Day notice. Administration. Associate Administrator for Disaster ACTION: Notice Assistance. SUMMARY: The Small Business [FR Doc. 2017–06580 Filed 4–3–17; 8:45 am] SUMMARY: This is a Notice of the Administration (SBA) is publishing this BILLING CODE 8025–01–P notice to comply with requirements of Presidential declaration of a major the Paperwork Reduction Act (PRA) (44 disaster for Public Assistance Only for the State of Nevada (FEMA–4307–DR), U.S.C. Chapter 35), which requires DEPARTMENT OF STATE agencies to submit proposed reporting dated 03/27/2017. and recordkeeping requirements to Incident: Severe Winter Storms, [Public Notice 9944] OMB for review and approval, and to Flooding, and Mudslides. publish a notice in the Federal Register Incident Period: 02/05/2017 through E.O. 13224 Designation of Shane notifying the public that the agency has 02/22/2017. Dominic Crawford, aka Asadullah, aka made such a submission. This notice Effective Date: 03/27/2017. Abu Sa’d at-Trinidadi, aka Shane also allows an additional 30 days for Physical Loan Application Deadline Asadullah Crawford, aka Asad, as a public comments. Date: 05/26/2017. Specially Designated Global Terrorist Economic Injury (EIDL) Loan DATES: Submit comments on or before Acting under the authority of and in Application Deadline Date: 12/27/2017. May 4, 2017. accordance with section 1(b) of ADDRESSES: Submit completed loan ADDRESSES: Comments should refer to Executive Order 13224 of September 23, applications to: U.S. Small Business the information collection by name and/ 2001, as amended by Executive Order Administration, Processing and or OMB Control Number and should be 13268 of July2, 2002, and Executive Disbursement Center, 14925 Kingsport sent to: Agency Clearance Officer, Curtis Order 13284 of January 23, 2003, I Road, Fort Worth, TX 76155. Rich, Small Business Administration, hereby determine that the person known 409 3rd Street SW., 5th Floor, FOR FURTHER INFORMATION CONTACT: A. as Shane Dominic Crawford, aka Washington, DC 20416; and SBA Desk Escobar, Office of Disaster Assistance, Asadullah, aka Abu Sa’d at-Trinidadi, Officer, Office of Information and U.S. Small Business Administration, aka Shane Asadullah Crawford, aka Regulatory Affairs, Office of 409 3rd Street SW., Suite 6050, Asad, poses a significant risk of Management and Budget, New Washington, DC 20416. committing acts of terrorism that SUPPLEMENTARY INFORMATION: Notice is threaten the security of U.S. nationals or 21 15 U.S.C. 78mm. hereby given that as a result of the the national security, foreign policy, or 22 17 CFR 200.30–3(a)(76). President’s major disaster declaration on economy of the United States.

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Consistent with the determination in ineffectual the measures authorized in XL Pipeline, and Department of State section 10 of Executive Order 13224 that the Order. Delegation of Authority 118–2 of prior notice to persons determined to be This notice shall be published in the January 26, 2006; having considered the subject to the Order who might have a Federal Register. environmental effects of the proposed constitutional presence in the United Dated: March 14, 2017. action consistent with the National States would render ineffectual the Rex W. Tillerson, Environmental Policy Act of 1969 (83 blocking and other measures authorized Secretary of State. Stat. 852; 42 U.S.C. 4321 et seq.), in the Order because of the ability to Section 7 of the Endangered Species Act [FR Doc. 2017–06652 Filed 4–3–17; 8:45 am] transfer funds instantaneously, I of 1973 (16 U.S.C. 1536), and other determine that no prior notice needs to BILLING CODE 4710–AD–P statutes relating to environmental be provided to any person subject to this concerns; having considered the determination who might have a DEPARTMENT OF STATE proposed action consistent with the constitutional presence in the United National Historic Preservation Act of States, because to do so would render [Public Notice 9941] 1966 (80 Stat. 917, 16 U.S.C. 470f et ineffectual the measures authorized in seq.); and having requested and received Notice of Issuance of a Presidential the Order. the views of members of the public, Permit to TransCanada Keystone This notice shall be published in the various federal and state agencies, and Pipeline, L.P. Federal Register. various Indian tribes; I hereby grant permission, subject to the conditions Dated: February 28, 2017. AGENCY: Department of State. ACTION: Notice. herein set forth, to TransCanada Rex W. Tillerson, Keystone Pipeline, L.P. (hereinafter Secretary of State. SUMMARY: The Under Secretary of State referred to as the ‘‘permittee’’), a limited [FR Doc. 2017–06648 Filed 4–3–17; 8:45 am] for Political Affairs issued a Presidential partnership organized under the laws of BILLING CODE 4710–AD–P permit to TransCanada Keystone the state of Delaware, owned by Pipeline, L.P. (‘‘Keystone’’) on March affiliates of TransCanada Corporation, a 23, 2017, authorizing Keystone to Canadian public company organized DEPARTMENT OF STATE construct, connect, operate, and under the laws of Canada, to construct, maintain pipeline facilities at the U.S.- connect, operate, and maintain pipeline [Public Notice 9947] Canada border in Phillips County, facilities at the international border of Montana for the importation of crude the United States and Canada at E.O. 13224 Designation of Mark John oil. In accordance with Executive Order Morgan, Montana, for the import of Taylor, aka Mark Taylor, aka 13337 (April 30, 2004) and the January crude oil from Canada to the United Mohammad Daniel, aka Muhammad 24, 2017 Presidential Memorandum States. Daniel, aka Abu Abdul Rahman, aka Regarding Construction of the Keystone The term ‘‘facilities’’ as used in this Mark John al-Rahman as a Specially XL Pipeline, the Under Secretary permit means the relevant portion of the Designated Global Terrorist determined that issuance of this permit pipeline and any land, structures, would serve the national interest. installations or equipment appurtenant Acting under the authority of and in thereto. accordance with section 1(b) of FOR FURTHER INFORMATION CONTACT: Director, Energy Resources Bureau, The term ‘‘United States facilities’’ as Executive Order 13224 of September 23, used in this permit means those parts of 2001, as amended by Executive Order Energy Governance and Access, Policy Analysis and Public Diplomacy (ENR/ the facilities located in the United 13268 of July 2, 2002, and Executive States. The United States facilities EGA/PAPD), U.S. Department of State, Order 13284 of January 23, 2003, I consist of a 36-inch diameter pipeline 2201 C St. NW., Suite 4422, hereby determine that the person known extending from the international border Washington, DC 20520. as Mark John Taylor, also known as between the United States and Canada Mark Taylor, also known as Mohammad SUPPLEMENTARY INFORMATION: at a point near Morgan in Phillips Daniel, also known as Muhammad Additional information concerning the Country, Montana, to the first mainline Daniel, also known as Abu Abdul Keystone pipeline facilities and shut-off valve in the United States Rahman, also known as Mark John al- documents related to the Department of located approximately 1.2 miles from Rahman, committed, or poses a State’s review of the application for a the international border. The United significant risk of committing, acts of Presidential permit can be found at States facilities also include certain terrorism that threaten the security of https://keystonepipeline-xl.state.gov/. appurtenant facilities. U.S. nationals or the national security, Following is the text of the permit, as This permit is subject to the following foreign policy, or economy of the United issued: conditions: States. Presidential Permit Article 1. (1) The United States Consistent with the determination in facilities herein described, and all section 10 of Executive Order 13224 that Authorizing TransCanada Keystone aspects of their operation, shall be prior notice to persons determined to be Pipeline, L.P. (‘‘Keystone’’) To subject to all the conditions, provisions, subject to the Order who might have a Construct, Connect, Operate and and requirements of this permit and any constitutional presence in the United Maintain Pipeline Facilities at the amendment thereof. This permit may be States would render ineffectual the International Boundary Between the terminated or amended at any time at blocking and other measures authorized United States and Canada the discretion of the Secretary of State in the Order because of the ability to By virtue of the authority vested in or the Secretary’s delegate or upon transfer funds instantaneously, I me as Under Secretary of State for proper application therefor. The determine that no prior notice needs to Political Affairs, including those permittee shall make no substantial be provided to any person subject to this authorities under Executive Order change in the United States facilities, determination who might have a 13337, 69 FR 25299 (2004), the January the location of the United States constitutional presence in the United 24, 2017 Presidential Memorandum facilities, or in the operation authorized States, because to do so would render Regarding Construction of the Keystone by this permit until such changes have

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been approved by the Secretary of State requirements pertaining to the way grants or easements, permits, and or the Secretary’s delegate. pipeline’s capacity, and other pipeline other authorizations as may become (2) The construction, operation, and regulations. This permit shall continue necessary and appropriate. maintenance of the United States in force and effect only so long as the (2) The permittee shall hold harmless facilities shall be in all material respects permittee shall continue the operations and indemnify the United States from as described in the permittee’s hereby authorized in accordance with any claimed or adjudged liability arising application for a Presidential permit such limitations, terms, and conditions. out of construction, connection, under Executive Order 13337, filed on Article 5. Upon the termination, operation, or maintenance of the May 4, 2012 and resubmitted on January revocation, or surrender of this permit, facilities, including but not limited to 26, 2017, the Final Supplemental and unless otherwise agreed by the environmental contamination from the Environmental Impact Statement (SEIS) Secretary of State or the Secretary’s release or threatened release or dated January 31, 2014 including all delegate, the United States facilities in discharge of hazardous substances and Appendices as supplemented, and any the immediate vicinity of the hazardous waste. construction, mitigation, and international boundary shall be (3) The permittee shall maintain the reclamation measures included in the removed by and at the expense of the United States facilities and every part Construction, Mitigation, and permittee within such time as the thereof in a condition of good repair for Reclamation Plan (CMRP), Emergency Secretary of State or the Secretary’s their safe operation, and in compliance Response Plan (ERP), Oil Spill Response delegate may specify, and upon failure with prevailing environmental Plan (SRP), and other mitigation and of the permittee to remove, or to take standards and regulations. control plans that are already approved such other appropriate action with Article 9. The permittee shall take all or that are approved in the future by the respect to, this portion of the United necessary measures to prevent or Department of State or other relevant States facilities as ordered, the Secretary mitigate adverse impacts on or federal agencies. In the event of any of State or the Secretary’s delegate may disruption of the human environment in discrepancy among these documents, direct that possession of such facilities connection with the construction, construction, connection, operation and be taken and that they be removed or connection, operation, and maintenance maintenance of the United States other action taken, at the expense of the of the United States facilities. Such facilities shall be in all material respects permittee; and the permittee shall have measures will include the actions and as described in the most recent no claim for damages by reason of such obligations agreed to by permittee in the approved document unless otherwise possession, removal, or other action. CMRP and other mitigation, control determined by the Department of State. Article 6. When, in the opinion of the plans, and special conditions found in Article 2. The standards for, and the President of the United States, the manner of, construction, connection, national security of the United States the Final SEIS, including all operation, and maintenance of the demands it, due notice being given by Appendices as supplemented, all of United States facilities shall be subject the Secretary of State or the Secretary’s which are appended to and made part to inspection and approval by the delegate, the United States shall have of this permit, or that are approved in representatives of appropriate federal, the right to enter upon and take the future by the Department or other state and local agencies. The permittee possession of any of the United States relevant federal or state agencies, and shall allow duly authorized officers and facilities or parts thereof; to retain any other measures deemed prudent by employees of such agencies free and possession, management, or control the permittee. unrestricted access to said facilities in thereof for such length of time as may Article 10. The permittee shall file the performance of their official duties. appear to the President to be necessary; with the appropriate agencies of the Article 3. The permittee shall comply and thereafter to restore possession and United States Government such with all applicable federal, state, local, control to the permittee. In the event statements or reports under oath with and tribal laws and regulations that the United States shall exercise respect to the United States facilities, regarding the construction, connection, such right, it shall pay to the permittee and/or permittee’s activities and operation, and maintenance of the just and fair compensation for the use of operations in connection therewith, as United States facilities and with all such United States facilities upon the are now, or may hereafter, be required applicable industrial codes. The basis of a reasonable profit in normal under any laws or regulations of the permittee shall obtain requisite permits conditions, and the cost of restoring said United States Government or its from relevant state and local facilities to as good condition as existed agencies. The permittee shall file governmental entities, and relevant at the time of entering and taking over electronic Export Information where federal agencies. the same, less the reasonable value of required. Article 4. All construction, any improvements that may have been Article 11. The permittee shall connection, operation, and maintenance made by the United States. provide information upon request to the of the United States facilities under this Article 7. Any transfer of ownership Department of State with regard to the permit shall be subject to the or control of the United States facilities United States facilities. Such requests limitations, terms, and conditions or any part thereof shall be immediately could include, for example, information issued by any competent agency of the notified in writing to the Department of concerning current conditions or U.S. Government. The permittee shall State, including the submission of anticipated changes in ownership or continue the operations hereby information identifying the transferee. control, construction, connection, authorized and conduct maintenance in This permit shall remain in force subject operation, or maintenance of the U.S. accordance with such limitations, terms, to all the conditions, permissions and facilities. and conditions. Such limitations, terms, requirements of this permit and any Article 12. The permittee shall and conditions could address, for amendments thereto unless provide written notice to the example, environmental protection and subsequently terminated or amended by Department of State at such time as the mitigation measures, safety the Secretary of State or the Secretary’s construction authorized by this permit requirements, export or import and delegate. is begun, at such time as construction is customs regulations, measurement Article 8. (1) The permittee is completed, interrupted, or capabilities and procedures, responsible for acquiring any right-of- discontinued, and at other times as may

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be designated by the Department of abandonment shall be protected under Pursuant to the provisions of 49 CFR State. Oregon Short Line Railroad— 1152.29(e)(2), NSR shall file a notice of Article 13. This permit shall expire Abandonment Portion Goshen Branch consummation with the Board to signify five years from the date of issuance in Between Firth & Ammon, in Bingham & that it has exercised the authority the event that the permittee has not Bonneville Counties, Idaho, 360 I.C.C. granted and fully abandoned the Line. If commenced construction of the United 91 (1979). To address whether this consummation has not been effected by States facilities by that deadline. condition adequately protects affected filing of a notice of consummation by In witness whereof, I, Under Secretary employees, a petition for partial April 4, 2018, and there are no legal or of State for Political Affairs, have revocation under 49 U.S.C. 10502(d) regulatory barriers to consummation, hereunto set my hand this 23rd day of must be filed. the authority to abandon will March 2017 in the City of Washington, Provided no formal expression of automatically expire. District of Columbia. intent to file an offer of financial Board decisions and notices are Thomas A. Shannon, Jr. assistance (OFA) has been received, this available on our Web site at Under Secretary of State for Political exemption will be effective on May 4, ‘‘WWW.STB.GOV.’’ Affairs. 2017, unless stayed pending Decided: March 30, 2017. End of permit text. reconsideration. Petitions to stay that do not involve environmental issues,1 By the Board, Rachel D. Campbell, Director, Office of Proceedings. Dated: March 23, 2017. formal expressions of intent to file an Richard W. Westerdale II, OFA under 49 CFR 1152.27(c)(2),2 and Raina S. Contee, Director, Energy Resources Bureau, Energy interim trail use/rail banking requests Clearance Clerk. Governance and Access, Policy Analysis and under 49 CFR 1152.29 must be filed by [FR Doc. 2017–06636 Filed 4–3–17; 8:45 am] Public Diplomacy. April 14, 2017. Petitions to reopen or BILLING CODE 4915–01–P [FR Doc. 2017–06646 Filed 4–3–17; 8:45 am] requests for public use conditions under BILLING CODE 4710–AE–P 49 CFR 1152.28 must be filed by April 24, 2017, with the Surface Transportation Board, 395 E Street SW., DEPARTMENT OF TRANSPORTATION SURFACE TRANSPORTATION BOARD Washington, DC 20423–0001. Federal Motor Carrier Safety [Docket No. AB 290 (Sub-No. 390X)] A copy of any petition filed with the Administration Board should be sent to William A. Norfolk Southern Railway Company— Mullins, Baker & Miller PLLC, 2401 Electronic Logging Device Technical Abandonment Exemption—in Dayton, Pennsylvania Ave. NW., Suite 300, Specification Public Meeting Montgomery County, Ohio Washington, DC 20037. If the verified notice contains false or AGENCY: Federal Motor Carrier Safety Norfolk Southern Railway Company misleading information, the exemption Administration (FMCSA), DOT. (NSR) has filed a verified notice of is void ab initio. ACTION: Notice of public meeting. exemption under 49 CFR pt. 1152 NSR has filed a combined subpart F—Exempt Abandonments to environmental and historic report that SUMMARY: FMCSA announces a public abandon approximately 6.5 miles of rail addresses the effects, if any, of the meeting to discuss the technical line: (a) between milepost ZX 12.1 and abandonment on the environment and specifications in Appendix A to Subpart milepost ZX 15.4; and (b) between historic resources. OEA will issue an B of part 395, Functional Specifications milepost ZQ 0.0 and milepost ZQ 3.2 in environmental assessment (EA) by April for All Electronic Logging Devices Dayton, Montgomery County, Ohio (the 7, 2017. Interested persons may obtain (ELDs), as published in the ‘‘Electronic Line). The Line traverses United States a copy of the EA by writing to OEA Logging Devices and Hours of Service Postal Service Zip Codes 45402, 45403, (Room 1100, Surface Transportation Supporting Documents’’ Final Rule 45410, 45432, and 45420. Board, Washington, DC 20423–0001) or (ELD Rule). This meeting will be a NSR has certified that: (1) No local by calling OEA at (202) 245–0305. forum for discussion of the minimum traffic has moved over the Line for at Assistance for the hearing impaired is requirements for ELDs and is being held least two years; (2) no overhead traffic available through the Federal to help manufacturers produce ELDs has moved over the Line for at least two Information Relay Service at (800) 877– that will comply with the ELD Rule. years and overhead traffic, if there were 8339. Comments on environmental and DATES: The public meeting will take any, could be rerouted over other lines; historic preservation matters must be place on Tuesday, May 9, 2017, from (3) no formal complaint filed by a user filed within 15 days after the EA 9:30 a.m. to 1:30 p.m., Eastern Time of rail service on the Line (or by a state becomes available to the public. (E.T.). A copy of the agenda for the or local government entity acting on Environmental, historic preservation, meeting will be available in advance of behalf of such user) regarding cessation public use, or trail use/rail banking the meeting at https:// of service over the Line either is conditions will be imposed, where www.regonline.com/builder/site/ pending with the Surface appropriate, in a subsequent decision. ?eventid=1953139. Transportation Board (Board) or with any U.S. District Court or has been 1 The Board will grant a stay if an informed ADDRESSES: The meeting will be held at decided in favor of a complainant decision on environmental issues (whether raised the U.S. DOT Headquarters Building, within the two-year period; and (4) the by a party or by the Board’s Office of Environmental 1200 New Jersey Avenue SE., requirements at 49 CFR 1105.7(c) Analysis (OEA) in its independent investigation) Washington, DC 20590. Those interested cannot be made before the exemption’s effective (environmental report), 49 CFR 1105.11 date. See Exemption of Out-of-Serv. Rail Lines, 5 in attending this public meeting must (transmittal letter), 49 CFR 1105.12 I.C.C. 2d 377 (1989). Any request for a stay should register at: https://www.regonline.com/ (newspaper publication), and 49 CFR be filed as soon as possible so that the Board may builder/site/?eventid=1953139 by April 1152.50(d)(1) (notice to governmental take appropriate action before the exemption’s 25, 2017. Attendees should arrive at the effective date. agencies) have been met. 2 Each OFA must be accompanied by the filing U.S. DOT Headquarters Building by 8:30 As a condition to this exemption, any fee, which is currently set at $1,700. See 49 CFR a.m. to allow sufficient time to clear employee adversely affected by the 1002.2(f)(25). security. FMCSA requests that questions

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be submitted in advance to ELD@ DEPARTMENT OF TRANSPORTATION online instructions for submitting dot.gov. comments. Bureau of Transportation Statistics Mail: Docket Services: U.S. FOR FURTHER INFORMATION CONTACT: Department of Transportation, 1200 LaTonya Mimms, Transportation [Docket ID Number DOT–OST–2014–0031] New Jersey Avenue SE., West Building Specialist, Enforcement Division, Ground Floor, Room W12–140, FMCSA. Ms. Mimms may be reached at Agency Information Collection; Washington, DC 20590–0001. 202–366–0991 and by email at eld@ Activity Under OMB Review; Report of Hand Delivery or Courier: West dot.gov. Passengers Denied Confirmed Building Ground Floor, Room W12–140, Space—BTS Form 251 Services for Individuals with 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, Monday through Disabilities: For information on facilities AGENCY: Office of the Assistant Friday, except Federal holidays. or services for individuals with Secretary for Research and Technology Fax: 202–366–3383. disabilities or to request special (OST–R), Bureau of Transportation Instructions: Identify docket number, assistance at the meeting, contact Ms. Statistics (BTS), DOT. DOT–OST–2014–0031, at the beginning LaTonya Mimms at 202–366–0991 or by ACTION: Notice. of your comments, and send two copies. email at [email protected], by To receive confirmation that DOT April 25, 2017. SUMMARY: In compliance with the received your comments, include a self- Paperwork Reduction Act of 1995, SUPPLEMENTARY INFORMATION: addressed stamped postcard. Internet Public Law 104–13, the Bureau of users may access all comments received Background Transportation Statistics invites the by DOT at http://www.regulations.gov. general public, industry and other All comments are posted electronically On December 16, 2015, FMCSA governmental parties to comment on the without charge or edits, including any published a final rule concerning ELDs continuing need for and usefulness of personal information provided. (80 FR 78292). The final rule included BTS collecting reports on the number of Privacy Act: Anyone is able to search detailed performance and design passengers holding confirmed the electronic form of all comments requirements for ELDs to ensure the reservations that voluntarily or received into any of our dockets by the devices produce accurate, tamper- involuntarily give up their seats when name of the individual submitting the resistant records with a uniform file the airline oversells the flight. comment (or signing the comment, if format and consistent displays. The ELD Comments are requested concerning submitted on behalf of an association, technical specifications from the ELD whether (a) the collection is still needed business, labor union, etc.). You may Rule are codified in Appendix A to by the Department of Transportation, (b) review DOT’s complete Privacy Act Subpart B of part 395 of Chapter 49 of BTS accurately estimated the reporting Statement in the Federal Register the Code of Federal Regulations. ELD burden; (c) there are other ways to published on April 11, 2000 (65 FR enhance the quality, utility and clarity manufacturers are required to self- 19477–78) or you may visit http:// of the information collected; and (d) certify that their devices comply with DocketInfo.dot.gov. there are ways to minimize reporting the ELD Rule and register the devices Docket: For access to the docket to burden, including the use of automated with FMCSA. Motor carriers subject to read background documents or collection techniques or other forms of comments received, go to http:// the ELD Rule are required to operate information technology. registered ELDs by the compliance date www.regulations.gov. or the street DATES: Written comments should be of December 18, 2017. Motor carriers address listed above. Follow the online submitted by June 5, 2017. that operate with automatic onboard instructions for accessing the dockets. recording devices (AOBRDs) prior to FOR FURTHER INFORMATION CONTACT: Electronic Access December 18, 2017 and are subject to Cecelia Robinson, Office of Airline Information, RTS–42, Room E34–410, You may access comments received the ELD Rule, have until December 16, OST–R, BTS, 1200 New Jersey Avenue for this notice at http:// 2019 to transition from AOBRDs to SE., Washington, DC 20590–0001, www.regulations.gov, by searching ELDs. A list of self-certified and Telephone Number (202) 366–4405, Fax docket DOT–OST–2014–0031. registered ELDs can be found at https:// Number (202) 366–3383 or EMAIL SUPPLEMENTARY INFORMATION: 3pdp.fmcsa.dot.gov/ELD/ELDList.aspx. [email protected]. OMB Approval No. 2138–0018. Meeting Information COMMENTS: Comments should identify Title: Report of Passengers Denied the associated OMB approval # 2138– Confirmed Space. This meeting is intended to address 0018 and Docket ID Number DOT–OST– Form No. BTS Form 251. Type of Review: Extension of questions received from ELD 2014–0031. Persons wishing the approved collection. manufacturers and to review the Department to acknowledge receipt of Respondents: Large certificated air required standardized output and their comments must submit with those standardized data sets. The meeting carriers. comments a self-addressed stamped Number of Respondents: 18. agenda is available on the registration postcard on which the following Number of Responses: 72. site. statement is made: Comments on OMB Number of Hours per Response: 10. Issued on: March 27, 2017. # 2138–0018, Docket—DOT–OST–2014– Total Annual Burden: 720 hours. 0031. The postcard will be date/time Daphne Y. Jefferson, Needs and Uses: BTS Form 251 is a stamped and returned. one-page report submitted four times Deputy Administrator. ADDRESSES: You may submit comments per year, on the number of passengers [FR Doc. 2017–06618 Filed 4–3–17; 8:45 am] identified by DOT Docket ID Number denied seats either voluntarily or BILLING CODE 4910–EX–P DOT–OST–2014–0031 by any of the involuntarily, whether these bumped following methods: passengers were provided alternate Federal eRulemaking Portal: Go to transportation and/or compensation, http://www.regulations.gov. Follow the and the amount of the payment. On

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November 3, 2016 the Department Issued in Washington, DC, on March 28, listed in it and any associated published a Final Rule (see 81 FR 2017. instructions, and all comments received 76800) that changed the number of U.S. William A. Chadwick, Jr., in response to this document within air carriers that account for at least 1 Director, Office of Airline Information, Docket No. TTB–2017–0003 at https:// percent to .5 percent of domestic Bureau of Transportation Statistics, Office of www.regulations.gov. A link to that scheduled-service passenger revenues the Assistant Secretary for Research and docket is posted on the TTB Web site at Technology. who must report oversales on all https://www.ttb.gov/forms/comment-on- operations with 30 seats or larger [FR Doc. 2017–06599 Filed 4–3–17; 8:45 am] form.shtml. You may also obtain paper aircraft that depart a U.S. airport. BILLING CODE 4910–9X–P copies of this document, the Carriers do not report data from information collections described in it and any associated instructions, and any inbound international flights to the DEPARTMENT OF THE TREASURY United States because the protections of comments received in response to this document by contacting Michael Hoover 14 CFR part 250 Oversales do not apply Alcohol and Tobacco Tax and Trade at the addresses or telephone number to these flights. The report allows the Bureau shown below. Department to monitor the effectiveness [Docket No. TTB–2017–0003] of its oversales rule and take FOR FURTHER INFORMATION CONTACT: enforcement action when necessary. Proposed Information Collections; Michael Hoover, Alcohol and Tobacco The involuntarily denied-boarding rate Comment Request (No. 63) Tax and Trade Bureau, 1310 G Street has decreased from 4.38 per 10,000 NW., Box 12, Washington, DC 20005; passengers in 1980 to 0.72 for the AGENCY: Alcohol and Tobacco Tax and telephone (202) 453–1039, ext. 135; or quarter ended December 2015. Without Trade Bureau (TTB); Treasury. email [email protected] Form 251, determining the effectiveness ACTION: Notice and request for (please do not submit comments on this of the Department’s oversales rule comments. notice to this email address). would be impossible. The publishing of SUMMARY: SUPPLEMENTARY INFORMATION: the carriers’ individual denied boarding As part of our continuing effort to reduce paperwork and rates has diminished the need for more Request for Comments respondent burden, and as required by intrusive regulation. The rate of denied the Paperwork Reduction Act of 1995, The Department of the Treasury and boarding can be examined as a we invite comments on the proposed or its Alcohol and Tobacco Tax and Trade continuing fitness factor. This rate continuing information collections Bureau (TTB), as part of a continuing provides an insight into a carrier’s listed below in this notice. effort to reduce paperwork and customer service practices. A rapid DATES: We must receive your written respondent burden, invite the general sustained increase in the rate of denied comments on or before June 5, 2017. public and other Federal agencies to boarding may indicate operational ADDRESSES: comment on the proposed or continuing difficulties. Because the rate of denied As described below, you may send comments on the information information collections listed below in boarding is released quarterly, travelers collections listed in this document this notice, as required by the and travel agents can select carriers with using the ‘‘Regulations.gov’’ online Paperwork Reduction Act of 1995 (44 lower incidences of bumping comment form for this document, or you U.S.C. 3501 et seq.). passengers. This information is may send written comments via U.S. Comments submitted in response to available in the Air Travel Consumer mail or hand delivery. TTB no longer this notice will be included or Report at: http:// accepts public comments via email or summarized in our request for Office of airconsumer.ost.dot.gov/reports/ fax. Management and Budget (OMB) index.htm. The Air Travel Consumer • http://www.regulations.gov: Use the approval of the relevant information Report is also sent to newspapers, comment form for this document posted collection. All comments are part of the magazines, and trade journals. The within Docket No. TTB–2017–0003 on public record and subject to disclosure. public availability of this information ‘‘Regulations.gov,’’ the Federal e- Please do not include any confidential deters carriers from setting unreasonable rulemaking portal, to submit comments or inappropriate material in comments. overbooking rates—a market-based via the Internet; mechanism that is more efficient than • U.S. Mail: Michael Hoover, For each information collection listed direct regulation of those rates. Regulations and Rulings Division, below, we invite comments on: (a) Whether the information collection is The Confidential Information Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, necessary for the proper performance of Protection and Statistical Efficiency Act the agency’s functions, including of 2002 (44 U.S.C. 3501 note) requires Washington, DC 20005. • Hand Delivery/Courier in Lieu of whether the information has practical a statistical agency to clearly identify Mail: Michael Hoover, Alcohol and utility; (b) the accuracy of the agency’s information it collects for non-statistical Tobacco Tax and Trade Bureau, 1310 G estimate of the information collection’s purposes. BTS hereby notifies the Street NW., Suite 400, Washington, DC burden; (c) ways to enhance the quality, respondents and the public that BTS 20005. utility, and clarity of the information uses the information it collects under Please submit separate comments for collected; (d) ways to minimize the this OMB approval for non-statistical each specific information collection information collection’s burden on purposes including, but not limited to, listed in this document. You must respondents, including through the use publication of both Respondent’s reference the information collection’s of automated collection techniques or identity and its data, submission of the title, form or recordkeeping requirement other forms of information technology; information to agencies outside BTS for number, and OMB number (if any) in and (e) estimates of capital or start-up review, analysis, and possible use in your comment. costs and costs of operation, regulatory and other administrative You may view copies of this maintenance, and purchase of services matters. document, the information collections to provide the requested information.

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Information Collections Open for TTB Form Number: F 5100.1. Estimated Total Annual Burden Comment Abstract: A corporation or limited Hours: 1000. Currently, we are seeking comments liability company (LLC) uses TTB F Title: Special Tax Renewal on the following information collections 5100.1 to identify specific corporate or Registration and Return/Special Tax (forms, recordkeeping requirements, or LLC officials or employees, by name or Location Registration Listing. questionnaires): by position title, authorized by the OMB Number: 1513–0113. Title: Notice of Release of Tobacco corporation’s or LLC’s articles of TTB Form Number: F 5630.5R. Products, Cigarette Papers, or Cigarette incorporation, bylaws, or governing Abstract: The Internal Revenue Code Tubes. officials to act on behalf of, or sign at 26 U.S.C. 5731 requires OMB Number: 1513–0025. documents for, the entity in TTB manufacturers of tobacco products, TTB Form Number: F 5200.11. matters. manufacturers of cigarette papers and Abstract: The Internal Revenue Code Current Actions: TTB is submitting tubes, and export warehouse proprietors (IRC) at 26 U.S.C. 5704 provides for the this information collection for extension to pay an annual occupational tax. The release of imported or returned tobacco purposes only. The information IRC at 26 U.S.C. 5732 requires that this products and cigarette papers and tubes collection, estimated number of tax be ‘‘paid on the basis on a return’’ from customs custody, without pay of respondents, and estimated number of under regulations issued by the tax, for delivery to an export warehouse burden hours remain unchanged. Secretary of the Treasury. The TTB F proprietor or a manufacturer of tobacco Type of Review: Extension of a 5630.5R, which TTB sends out annually products or cigarette papers and tubes, currently approved collection. to these occupational taxpayers, meets in accordance with regulations issued Affected Public: Businesses and other this purpose. The information collected by the Secretary of the Treasury. The for-profits. on the form is essential to TTB’s TTB F 5200.11 is used at importation to Estimated Number of Respondents: collecting, processing, and accounting document the release of such articles to 2,200. for these occupational taxes. a proprietor or manufacturer authorized Estimated Total Annual Burden Current Actions: TTB is submitting to receive such articles. TTB F 5200.11 Hours: 502. this information collection for extension is used by industry members who are Title: Notice of Change in Status of purposes only. The information not filing their entry information Plant. collection, estimated number of electronically through the U.S. Customs OMB Number: 1513–0044. respondents, and estimated number of and Border Protection Automated TTB Form Number: None. burden hours remain unchanged. Commercial Environment (ACE), since Abstract: Under the Internal Revenue Type of Review: Extension of a those filing electronically submit the Code at 26 U.S.C. 5178(a), a distilled currently approved collection. relevant information as data elements spirits plant (DSP) is a delineated place Affected Public: Businesses and other through ACE. (The submission of on which only certain authorized for-profits. information through ACE is captured activities may be conducted. However, Estimated Number of Respondents: under OMB Number 1513–0064.) under 26 U.S.C. 5178(b), the Secretary 400. Current Actions: TTB is submitting of the Treasury may authorize other Estimated Total Annual Burden this collection as a revision. The businesses on a DSP’s premises upon Hours: 100. information collected on TTB F 5200.11 application. The TTB regulations at 27 Title: Records to Support Tax Free generally remains the same, however CFR 19.141 through 19.144 require DSP and Tax Overpayment and Sales of new data fields have been added for the proprietors to notify TTB when a DSP Firearms and Ammunition. Employer Identification Number of the or part of a DSP is to be alternated OMB Number: 1513–0128. recipient manufacturer or proprietor between different proprietors or when a TTB Form Numbers: F 5600.33, and the TTB permit number of the DSP or part of a DSP is to be alternated 5600.34, 5600.35, 5600.36, and 5600.37. importer. TTB is also clarifying the titles between different types of operations, Abstract: The Internal Revenue Code of certain data fields and the form’s such as bonded wine cellar, taxpaid (IRC) at 26 U.S.C. 4181 imposes a tax on instructions to improve the accuracy of wine bottling house, general premises, the sale of firearms and ammunition. the information reported by the manufacturer of eligible flavors, and However, under the IRC at 26 U.S.C. recipient of the imported or returned volatile fruit flavor concentrate 4221(a), certain sales may be made tax- articles. As for the collection’s burden, premises. To protect the revenue and free, including sales made for further TTB is decreasing the estimated number ensure compliance with relevant laws manufacture, export, or use as supplies of annual respondents and burden and regulations, the letterhead notices on vessels or aircraft, or sales made to hours. TTB now receives fewer of these and records required under this a State or local government for its forms due to a decrease in the overall information collection alert TTB to exclusive use. In addition, for such sales number of tobacco industry members these DSP alternations. where the tax has been paid, the tax is and changes in industry practice such as Current Actions: TTB is submitting considered an overpayment under the the increased use of the electronic ACE this collection as a revision. The IRC at 26 U.S.C. 6416(b)(2) and (3). In system. information collection remains order to protect the revenue, the TTB Type of Review: Revision of a unchanged. However, TTB is increasing regulations in 27 CFR part 53 prescribe currently approved collection. the estimated number of annual that manufacturers must maintain Affected Public: Businesses and other respondents and burden hours due to an records containing specified for-profits. increase in the number of DSPs information supporting such tax-free or Estimated Number of Respondents: regulated by TTB. tax-overpaid sales. TTB provides these 10. Type of Review: Revision of a forms which, when completed, provide Estimated Total Annual Burden currently approved collection. the required information. The forms are Hours: 18. Affected Public: Businesses and other maintained by the respondent at their Title: Signing Authority for Corporate for-profits. business premises, and TTB may and LLC Officials. Estimated Number of Respondents: examine these forms during audits in OMB Number: 1513–0036. 200. order to protect the revenue.

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Current Actions: TTB is submitting and respondent burden, invites the requirements that members of the public this information collection for extension general public and other Federal submit reports, keep records, or provide purposes only. The information agencies to take this opportunity to information to a third party. Section collection, estimated number of comment on a continuing information 3506(c)(2)(A) of title 44 requires Federal respondents, and estimated number of collection as required by the Paperwork agencies to provide a 60-day notice in burden hours remain unchanged. Reduction Act of 1995 (PRA). In the Federal Register concerning each Type of Review: Extension of a accordance with the requirements of the proposed collection of information, currently approved collection. PRA, the OCC may not conduct or including each proposed extension of an Affected Public: Businesses and other sponsor, and the respondent is not existing collection of information, for-profits; State, local, and tribal required to respond to, an information before submitting the collection to OMB governments. collection unless it displays a currently for approval. To comply with this Estimated Number of Respondents: valid Office of Management and Budget requirement, the OCC is publishing 7,000. (OMB) control number. notice of the proposed collection of Estimated Total Annual Burden The OCC is soliciting comment information set forth in this document. Hours: 52,500. concerning the renewal of its The OCC is proposing to extend OMB Title: Generic Clearance for the information collection titled, approval of the following information Collection of Qualitative Feedback on ‘‘Assessment of Fees.’’ collection: Agency Service Delivery. DATES: You should submit written Title: Assessment of Fees. OMB Number: 1513–0132. comments by June 5, 2017. TTB Form Number: None. OMB Control No.: 1557–0223. Abstract: TTB uses the surveys and ADDRESSES: Because paper mail in the Affected Public: Business or other for- focus groups approved under this Washington, DC area and at the OCC is profit. collection of information to gather subject to delay, commenters are Type of Review: Regular review. customer and stakeholder feedback on encouraged to submit comments by Abstract: The OCC is requesting TTB programs in an efficient, timely email, if possible. Comments may be comment on its proposed extension, manner. TTB uses the collected sent to: Legislative and Regulatory without change, of the information information to help improve service Activities Division, Office of the collection titled, ‘‘Assessment of Fees— delivery and to help ensure that its Comptroller of the Currency, Attention: 12 CFR part 8.’’ The OCC is authorized customers and stakeholders have 1557–0223, 400 7th Street SW., Suite by the National Bank Act (for national effective, efficient, and satisfactory 3E–218, Mail Stop 9W–11, Washington, banks) and the Home Owners Loan Act experiences with the bureau’s programs. DC 20219. In addition, comments may (for Federal savings associations) to Current Actions: TTB is submitting be sent by fax to (571) 465–4326 or by collect assessments, fees, and other this collection as a revision. The electronic mail to [email protected]. charges as necessary or appropriate to information collection remains You may personally inspect and carry out the responsibilities of the unchanged. However, TTB is increasing photocopy comments at the OCC, 400 OCC. 12 U.S.C. 482 and 1467(a), the estimated number of annual 7th Street SW., Washington, DC 20219. respectively; 12 U.S.C. 16 (for national respondents and burden hours in order For security reasons, the OCC requires banks and Federal savings associations). to account for its planned increased use that visitors make an appointment to The OCC requires independent credit of customer feedback surveys. inspect comments. You may do so by card banks and independent credit card Type of Review: Revision of a calling (202) 649–6700 or, for persons Federal savings associations currently approved collection. who are deaf or hard of hearing, TTY, (collectively, independent credit card Affected Public: Businesses and other (202) 649–5597. Upon arrival, visitors institutions) to pay an additional for-profits; Individuals. will be required to present valid assessment based on receivables Estimated Number of Respondents: government-issued photo identification attributable to accounts owned by the 25,000. and submit to security screening in bank or Federal savings association. Estimated Total Annual Burden order to inspect and photocopy Independent credit card institutions are Hours: 25,000. comments. national banks or Federal savings Dated: March 29, 2017. All comments received, including associations that primarily engage in Amy R. Greenberg, attachments and other supporting credit card operations and are not Director, Regulations and Rulings Division. materials, are part of the public record affiliated with a full service national and subject to public disclosure. Do not bank or Federal savings association. [FR Doc. 2017–06549 Filed 4–3–17; 8:45 am] include any information in your BILLING CODE 4810–31–P Under 12 CFR 8.2(c)(2), the OCC also comment or supporting materials that has the authority to assess an you consider confidential or independent credit card institution that DEPARTMENT OF THE TREASURY inappropriate for public disclosure. is affiliated with a full-service national FOR FURTHER INFORMATION CONTACT: bank or full-service Federal savings Office of the Comptroller of the Shaquita Merritt, OCC Clearance association if the OCC concludes that Currency Officer, (202) 649–5490, Legislative and the affiliation is intended to evade 12 Regulatory Activities Division, Office of CFR part 8. Agency Information Collection the Comptroller of the Currency, 400 7th The OCC requires independent credit Activities: Information Collection Street SW., Washington, DC 20219. card institutions to provide the OCC Renewal; Comment Request; SUPPLEMENTARY INFORMATION: Under the with ‘‘receivables attributable’’ data. Assessment of Fees PRA (44 U.S.C. 3501–3520), Federal ‘‘Receivables attributable’’ refers to the AGENCY: Office of the Comptroller of the agencies must obtain approval from the total amount of outstanding balances Currency (OCC), Treasury. OMB for each collection of information due on credit card accounts owned by ACTION: Notice and request for comment. that they conduct or sponsor. independent credit card institutions (the ‘‘Collection of information’’ is defined receivables attributable to those SUMMARY: The OCC, as part of its in 44 U.S.C. 3502(3) and 5 CFR accounts) on the last day of an continuing effort to reduce paperwork 1320.3(c) to include agency requests or assessment period, minus receivables

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retained on the bank or Federal savings FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF VETERANS association’s balance sheet as of that Associate Director for Global Targeting, AFFAIRS day. The OCC will use the information tel.: 202/622–2420, Assistant Director [OMB Control No. 2900–NEW] to verify the accuracy of each national for Sanctions Compliance & Evaluation, bank’s and Federal savings association’s tel.: 202/622–2490, Assistant Director Agency Information Collection Activity assessment computation and to adjust for Licensing, tel.: 202/622–2480, Office Under OMB Review: Income the assessment rate for independent of Foreign Assets Control, or Chief Verification credit card institutions over time. Counsel (Foreign Assets Control), tel.: AGENCY: Estimated Number of Respondents: 202/622–2410, Office of the General Veterans Health Administration, Department of Veterans 12. Counsel, Department of the Treasury Estimated Total Annual Burden: 24 Affairs. (not toll free numbers). hours. ACTION: Notice. Comments submitted in response to SUPPLEMENTARY INFORMATION: this notice will be summarized and SUMMARY: In compliance with the included in the request for OMB Electronic Availability Paperwork Reduction Act (PRA) of 1995, this notice announces that the approval. All comments will become a The SDN List and additional Veterans Health Administration (VHA), matter of public record. Comments are information concerning OFAC sanctions invited on: Department of Veterans Affairs, will programs are available from OFAC’s (a) Whether the collection of submit the collection of information Web site (www.treas.gov/ofac). information is necessary for the proper abstracted below to the Office of performance of the functions of the Notice of OFAC Actions Management and Budget (OMB) for OCC, including whether the information review and comment. The PRA has practical utility; On March 30, 2017, OFAC blocked submission describes the nature of the (b) The accuracy of the OCC’s the property and interests in property of information collection and its expected estimate of the information collection the following 2 individuals pursuant to cost and burden; it includes the actual burden; E.O. 13224, ‘‘Blocking Property and data collection instrument. (c) Ways to enhance the quality, Prohibiting Transactions With Persons DATES: Comments must be submitted on utility, and clarity of the information to Who Commit, Threaten To Commit, or or before May 4, 2017. be collected; Support Terrorism’’: ADDRESSES: Submit written comments (d) Ways to minimize the burden of Individuals on the collection of information through the collection on respondents, including www.Regulations.gov, or to Office of through the use of automated collection 1. TAMTOMO, Muhammad Bahrun Information and Regulatory Affairs, techniques or other forms of information Naim Anggih (a.k.a. NAIM, Bahrun; Office of Management and Budget, Attn: technology; and VA Desk Officer; 725 17th St. NW., (e) Estimates of capital or start-up a.k.a. TAMTOMO, Anggih; a.k.a. ‘‘AISYAH, Abu’’; a.k.a. ‘‘RAYAN, Abu’’; Washington, DC 20503 or sent through costs and costs of operation, _ a.k.a. ‘‘RAYYAN, Abu’’), Aleppo, Syria; electronic mail to oira submission@ maintenance, and purchase of services omb.eop.gov. Please refer to ‘‘OMB to provide information. Raqqa, Syria; DOB 06 Sep 1983; POB Surakarta, Indonesia; alt. POB Control No. 2900–NEW’’ in any Dated: March 29, 2017. Pekalongan, Indonesia; nationality correspondence. Karen Solomon, Indonesia; Gender Male (individual) FOR FURTHER INFORMATION CONTACT: Deputy Chief Counsel, Office of the [SDGT] (Linked To: ISLAMIC STATE Cynthia Harvey-Pryor, Enterprise Comptroller of the Currency. OF IRAQ AND THE LEVANT). Records Service (005R1B), Department [FR Doc. 2017–06643 Filed 4–3–17; 8:45 am] of Veterans Affairs, 810 Vermont 2. JEDI, Muhammad Wanndy Bin BILLING CODE 4810–33–P Avenue NW, Washington, DC 20420, Mohamed (a.k.a. JEDI, Muhamad (202) 461–5870 or email cynthia.harvey- Wanndy bin Muhamad; a.k.a. JEDI, [email protected]. Please refer to ‘‘OMB DEPARTMENT OF THE TREASURY Muhamad Wanndy Mohamad; a.k.a. Control No. 2900–NEW.’’ JEDI, Muhamad Wanndy Muhamad; Office of Foreign Assets Control SUPPLEMENTARY INFORMATION: a.k.a. WANNDY, Muhamad; a.k.a. ‘‘AL– Titles: Sanctions Actions Pursuant to FATEH, Abu Hamzah’’; a.k.a. ‘‘AL– a. Mailed with Veterans’ Initial Letters— Executive Order 13224 MALIZI, Abu Sayyaf’’), Syria; DOB 16 HEC Form 200–1A Nov 1990; alt. DOB 1989 to 1991; POB b. Mailed with Spouses’ Initial Letters— AGENCY: Office of Foreign Assets Durian Tunggal, Malacca, Malaysia; HEC Form 220–1 Control, Treasury. nationality Malaysia; Gender Male; c. Mailed to Veterans When Necessary— ACTION: Notice. Passport A33373751 (Malaysia); HEC Form 340–1 National ID No. 90116–04–5293 d. Mailed to Veterans When SUMMARY: The Department of the (individual) [SDGT] (Linked To: Necessary—Checklist Treasury’s Office of Foreign Assets ISLAMIC STATE OF IRAQ AND THE OMB Control Number: 2900–NEW. Control (OFAC) is publishing the names LEVANT). Type of Review: New collection. of 2 individuals whose property and Abstract: interests in property are blocked Dated: March 30, 2017. The HEC, IVD uses HEC Form 200–1A pursuant to Executive Order 13224 of Andrea Gacki, (Veteran’s Income Verification September 23, 2001, ‘‘Blocking Property Acting Director, Office of Foreign Assets Response) to collect income verification and Prohibiting Transactions With Control. information, as applicable, from the Persons Who Commit, Threaten To [FR Doc. 2017–06598 Filed 4–3–17; 8:45 am] Veteran by requesting the Veteran to Commit, or Support Terrorism.’’ BILLING CODE 4810–AL–P verify the listed income on the form as DATES: OFAC’s actions described in this reported to IVD by IRS/SSA, to select notice were effective on March 30, 2017. the appropriate option on the form

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relating to the household income, attest of information was published at 82 FRN FOR FURTHER INFORMATION CONTACT: to out of pocket medical expenses, attest 8566–8567 on January 26, 2017. Cynthia Harvey-Pryor, Enterprise to sale of primary home real estate and Affected Public: Individuals or Records Service (005R1B), Department attest to separation from spouse for the households. of Veterans Affairs, 810 Vermont income year under the Income Estimated Annual Burden: Avenue NW., Washington, DC 20420, at Verification Division’s review. The a. Mailed with Veterans’ Initial Letters— 202–461–5870. Veteran’s signature is required on page HEC Form 200–1A—89,001 hours CORRECTION 2 of HEC Form 200–1A. If the Veteran b. Mailed with Spouses’ Initial Letters— has medical/health limitations that does HEC Form 220–1—28,530 hours In FR Doc. FR Doc. 2017–04559, not enable the Veteran to physically c. Mailed to Veterans When Necessary— published on Wednesday, March 8, sign the form with a wet signature, the HEC Form 340–1—1,701 hours 2017 at 82FR44, make the following Veteran must mark an ‘‘X’’ to designate d. Mailed to Veterans When correction. On page 13056, in the third a signature; two witnesses must verify Necessary—Checklist—761 hours column, in second paragraph section, Estimated Average Burden Per the ‘‘X’’ as the Veteran’s signature. HEC, titled DATES, replace ‘‘DATES: Written Respondent: comments and recommendations on the IVD will use the completed HEC Form a. Mailed with Veterans’ Initial Letters— 200–1A to assist in verifying the proposed collection of information HEC Form 200–1A—30 minutes should be received on or before April 7, Veteran’s correct gross household b. Mailed with Spouses’ Initial Letters— 2017,’’ to read as follows: income to ensure the Veteran is placed HEC Form 220–1—20 minutes in the correct priority group for health c. Mailed to Veterans When Necessary— DATES: Written comments and care. HEC Form 340–1—15 minutes recommendations on the proposed The HEC, IVD uses HEC Form 220–1 d. Mailed to Veterans When collection of information should be (Spouse’s Income Verification Necessary—Checklist—761—15 received on or before May 7, 2017. Response) to collect income verification minutes Dated: March 29, 2017. information, as applicable, from the Frequency of Response: Annually. By direction of the Secretary: Veteran’s spouse by requesting the Estimated Annual Responses: Cynthia Harvey-Pryor, spouse to verify the listed income on the a. Mailed with Veterans’ Initial Letters— HEC Form 200–1A—178,002 Department Clearance Officer, Enterprise form as reported to IVD by IRS/SSA, Records Service, Office of Quality and report any additional income not b. Mailed with Spouses’ Initial Letters— Compliance, Department of Veterans Affairs. reported by IRS/SSA and sign and date HEC Form 220–1—85,590 [FR Doc. 2017–06572 Filed 4–3–17; 8:45 am] the form. If the spouse has medical/ c. Mailed to Veterans When Necessary— BILLING CODE 8320–01–P health limitations that does not enable HEC Form 340–1—6,805 the spouse to physically sign the form d. Mailed to Veterans When Necessary—Checklist—761—3,044 with a wet signature, the spouse must DEPARTMENT OF VETERANS mark an ‘‘X’’ to designate a signature; Authority: 44 U.S.C. 3501–3521 AFFAIRS two witnesses must verify the ‘‘X’’ as the Veteran’s signature. HEC, IVD will By direction of the Secretary. [OMB Control No. 2900–0567] use the completed HEC Form 220–1 to Cynthia Harvey-Pryor, Agency Information Collection Activity assist in verifying the Veteran’s correct Department Clearance Officer, Enterprise Under OMB Review: Presidential gross household income to ensure the Records Service, Office of Quality and Memorial Certificate Form Veteran is placed in the correct priority Compliance, Department of Veterans Affairs. group for health care. [FR Doc. 2017–06573 Filed 4–3–17; 8:45 am] AGENCY: National Cemetery The HEC, IVD uses the HEC Form BILLING CODE 8320–01–P Administration, Department of Veterans 340–1 (Declaration of Representative) Affairs. for the Veteran and the spouse (if DEPARTMENT OF VETERANS ACTION: Notice. applicable) to appoint a representative, AFFAIRS authorizing HEC, IVD to release SUMMARY: In compliance with the information to a designated appointee [OMB Control No. 2900–0657] Paperwork Reduction Act (PRA) of for a specific income year. Such 1995, this notice announces that the information includes confidential Conflicting Interests Certification for National Cemetery Administration federal tax information, other income, Proprietary Schools Comment Request (NCA), Department of Veterans Affairs, will submit the collection of and medical benefits eligibility related AGENCY: Veterans Benefits information abstracted below to the information. The Veteran and spouse (if Administration, Department of Veterans Office of Management and Budget applicable) must sign and date the form. Affairs. The HEC, IVD uses the HEC Income (OMB) for review and comment. The ACTION: Notice; correction. Verification—Additional Information PRA submission describes the nature of Checklist to request from the Veteran SUMMARY: The Department of Veterans the information collection and its any additional information needed to Affairs (VA) published a collection of expected cost and burden; it includes adjudicate the Income Verification case. information notice in a Federal Register the actual data collection instrument. The Veteran providing the requested on Wednesday, March 8, 2017 that DATES: Comments must be submitted on information usually results in the best contained an error. The intent was to or before May 4, 2017. interest to the Veteran. publish a 60-day Public Comment ADDRESSES: Submit written comments An agency may not conduct or notice. on the collection of information through sponsor, and a person is not required to However, the notice incorrectly stated www.Regulations.gov, or to Office of respond to a collection of information an insert date 30 days after date of Information and Regulatory Affairs, unless it displays a currently valid OMB publication in the Federal Register in Office of Management and Budget, Attn: control number. The Federal Register the DATES section. This document VA Desk Officer; 725 17th St. NW., Notice with a 60-day comment period corrects the error by updating the public Washington, DC 20503 or sent through soliciting comments on this collection comment date. electronic mail to oira_submission@

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omb.eop.gov. Please refer to ‘‘OMB original VA Form 40–0247 is for control number. The Federal Register Control No. 2900–0567’’ in any requests for initial copies of a Notice with a 60-day comment period correspondence. Presidential Memorial Certificates soliciting comments on this collection (PMC’s). The updates to the form would of information was published at 82 FRN FOR FURTHER INFORMATION CONTACT: include the following changes with no 06728 on January 19, 2017. Cynthia Harvey-Pryor, Enterprise additional respondent burden: Records Service (005R1B), Department Affected Public: 125,000. • Format changes Estimated Annual Burden: 6,250 of Veterans Affairs, 810 Vermont • Avenue NW., Washington, DC 20420, SSN or Military Service Number from hours. (202) 461–5870 or email cynthia.harvey- discharge Documents Estimated Average Burden Per • Mailing address, email address, [email protected]. Please refer to ‘‘OMB Respondent: 3 minutes each. telephone and fax number updates Frequency of Response: One-time. Control No. 2900–0567’’ in any • Wording changed to allow the public correspondence. Estimated Number of Respondents: to also use the form for first time 125,000. SUPPLEMENTARY INFORMATION: requests Title: Presidential Memorial Upon appropriate approval, the NCA Authority: 44 U.S.C. 3501–3521. Certificate Form VA Form 40–0247. Web site will display the updated By direction of the Secretary. OMB Control Number: 2900–0567. version of the VA Form 40–0247 for Cynthia Harvey-Pryor, Type of Review: Revision of a public use. Department Clearance Officer, Enterprise currently approved collection. An agency may not conduct or Records Service, Office of Quality and Abstract: The National Cemetery sponsor, and a person is not required to Compliance, Department of Veterans Affairs. Administration (NCA) made updates to respond to a collection of information [FR Doc. 2017–06574 Filed 4–3–17; 8:45 am] its current VA Form 40–0247. The unless it displays a currently valid OMB BILLING CODE 8320–01–P

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Part II

Department of Commerce

National Oceanic and Atmospheric Administration 15 CFR Part 902 50 CFR Part 635 Atlantic Highly Migratory Species; Atlantic Shark Management Measures; Final Amendment 5b; Final Rule

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DEPARTMENT OF COMMERCE [email protected], or fax Consolidated HMS FMP, however, to (202) 395–7285. NMFS received substantial public National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: comment disputing the basis for the Administration Tobey Curtis at 978–281–9273 or Karyl proposed Amendment 5 dusky shark Brewster-Geisz at 301–427–8503. measures and suggesting significantly 15 CFR Part 902 SUPPLEMENTARY INFORMATION: The different measures be analyzed within Atlantic shark fisheries are managed the range of alternatives. Thus, NMFS 50 CFR Part 635 primarily under the authority of the decided further analysis was necessary and that dusky shark measures would [Docket No. 130417378–7331–02] Magnuson-Stevens Act. The authority to issue regulations under the Magnuson- be considered in a separate FMP Stevens Act has been delegated from the amendment, EIS, and proposed rule, RIN 0648–BD22 labeled ‘‘Amendment 5b.’’ Secretary to the Assistant Administrator NMFS prepared a Predraft for Atlantic Highly Migratory Species; for Fisheries, NOAA (AA). On May 28, Amendment 5b in March 2014 that Atlantic Shark Management Measures; 1999, NMFS published in the Federal Final Amendment 5b considered the feedback received on Register (64 FR 29090) final regulations, Draft Amendment 5. NMFS solicited effective July 1, 1999, implementing the AGENCY: National Marine Fisheries additional public input and consulted FMP for Atlantic Tunas, Swordfish, and Service (NMFS), National Oceanic and with its Advisory Panel on the Predraft Sharks (1999 FMP). On October 2, 2006, Atmospheric Administration (NOAA), at the Spring 2014 Advisory Panel NMFS published in the Federal Register Commerce. meeting. In response to two petitions (71 FR 58058) final regulations, effective ACTION: Final rule. from environmental groups regarding November 1, 2006, implementing the listing dusky sharks under the 2006 Consolidated HMS FMP, which SUMMARY: NMFS is amending the 2006 Endangered Species Act (ESA), NMFS consolidated the 1999 FMP management Consolidated Atlantic Highly Migratory simultaneously was conducting an ESA measures and other regulatory Species (HMS) Fishery Management Status Review for the Northwest requirements, and details the Plan (FMP) based on the results of the Atlantic population of dusky sharks management measures for Atlantic HMS 2016 stock assessment update for which was completed in October 2014. fisheries, including the Atlantic shark Atlantic dusky sharks. Based on this That status review concluded that, fisheries. The 2006 Consolidated HMS assessment, NMFS determined that the based on the most recent stock FMP and its amendments are dusky shark stock remains overfished assessment as well as abundance implemented by regulations at 50 CFR and is experiencing overfishing. projections, updated analyses, and the part 635. Consistent with the Magnuson-Stevens potential threats and risks to population Fishery Conservation and Management Background extinction, the dusky shark population in the Northwest Atlantic and Gulf of Act (Magnuson-Stevens Act), NMFS is A brief summary of the background of implementing management measures Mexico has a low risk of extinction this final action is provided below. currently and in the foreseeable future, that will reduce fishing mortality on Complete details of what was proposed dusky sharks to end overfishing and and relative abundance generally and the alternatives considered are appeared to be increasing across the rebuild the dusky shark population described in Final Environmental consistent with legal requirements. The examined time series. On December 16, Impact Statement (FEIS) for 2014, NMFS announced a 12-month final measures could affect HMS- Amendment 5b to the 2006 permitted commercial and recreational finding that determined that the Consolidated HMS FMP and the Northwest Atlantic and Gulf of Mexico fishermen who harvest sharks or whose proposed rule for Amendment 5b (81 FR fishing vessels interact with sharks in population of dusky sharks did not 71672, October 18, 2016). Those warrant listing under the ESA (79 FR the Atlantic Ocean, including the Gulf documents are referenced in this of Mexico and Caribbean Sea. 74954). preamble and their full description of In light of this updated information, DATES: This final rule is effective on management and conservation measures including indications of abundance June 5, 2017, except for the amendments considered are not repeated here. increases, NMFS prioritized an update to § 635.4 (b), (c), and (j); § 635.19 (d); Additional information regarding of the SouthEast Data, Assessment and § 635.21(d)(4), (f), and (k); § 635.22 (c); Atlantic HMS management can be found Review (SEDAR) 21 dusky shark stock § 635.71 (d)(21), (d)(22), (d)(23), and in the FEIS for Amendment 5b to the assessment using data through 2015, to (d)(26), which will be effective on 2006 Consolidated HMS FMP, the 2006 be completed in summer 2016. It was January 1, 2018. Consolidated HMS FMP and its determined that further action on ADDRESSES: Copies of the Final amendments, the annual HMS Stock Amendment 5b should wait until after Amendment 5b to the 2006 Assessment and Fishery Evaluation the completion of the 2016 assessment Consolidated HMS FMP, including the (SAFE) Reports, and online at http:// update to ensure that it was based on Final Environmental Impact Statement www.nmfs.noaa.gov/sfa/hms/. The the best available scientific information. (FEIS) containing a list of references comments received on Draft On October 27, 2015, the used in this document, the dusky shark Amendment 5b and the proposed rule environmental advocacy organization stock assessments, and other documents and our responses to those comments Oceana filed a complaint against NMFS relevant to this rule are available from are summarized below in the section in Federal district court alleging the HMS Management Division Web site labeled ‘‘Response to Comments.’’ violations of the Magnuson-Stevens Act at http://www.nmfs.noaa.gov/sfa/hms/. On October 7, 2011 (76 FR 62331), and Administrative Procedure Act with Written comments regarding the NMFS made the determination that respect to the timing of NMFS’s action burden-hour estimates or other aspects dusky sharks continued to be overfished to rebuild and end overfishing of dusky of the collection-of-information and were experiencing overfishing. sharks. A settlement agreement was requirements contained in this final rule Initially, NMFS proposed to implement reached in Oceana v. Pritzker (Case No. may be submitted to the HMS management measures through 1:15–cv–01824–CRC) (D.D.C.), between Management Division and by email to Amendment 5 to the 2006 Atlantic NMFS and the Plaintiffs on May 18,

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2016, regarding the timing of the assessment update report, available on on public comments. The specific pending agency action. This settlement the SEDAR Web site (http:// changes are described below in the acknowledged that NMFS was in the sedarweb.org/sedar-21). section titled ‘‘Changes from the process of developing an action to The proposed rule for Amendment 5b Proposed Rule.’’ to the 2006 Consolidated HMS FMP and address overfishing and rebuild dusky Response to Comments sharks and that an assessment update the Notice of Availability of the DEIS for was ongoing and stipulated that, based Amendment 5b published in the We received a total of 76 individual upon the results of the assessment Federal Register on October 18, 2016 written comments on the proposed rule update, NMFS would submit a proposed (81 FR 71672) and October 21, 2016 (81 from fishermen, states, and other rule to the Federal Register no later FR 72803), respectively. interested parties during the public than October 14, 2016, and a final rule Draft Amendment 5b included comment period, including one by March 31, 2017. management measures that would comment from EarthJustice that reduce dusky shark mortality in the included signatures from 19,716 In August 2016, the update to the recreational shark, commercial pelagic individuals and another comment from SEDAR 21 dusky shark stock assessment longline, bottom longline, and shark Oceana that included signatures from was completed, and on October 4, 2016 gillnet fisheries. Draft Amendment 5b 13,144 individuals. We also received (81 FR 69043), NMFS made the stock also clarified annual catch limits (ACLs) comments from fishermen, states, and status determination that dusky sharks and accountability measures (AMs) for other interested parties during six are still overfished and still the prohibited shark complex, including public hearings, five regional fishery experiencing overfishing, although the dusky sharks. Detailed descriptions of management council meetings, one level of overfishing is not high. Based the proposed management measures and Atlantic States Marine Fisheries on the 2016 assessment update, as well ACL and AM clarifications are available Commission meeting, and one HMS as the rationale summarized below and in the Amendment 5b DEIS and Advisory Panel meeting. All written fully described in the preamble of the proposed rule. The public comment comments can be found at http:// Proposed Rule (81 FR 71672, October period ended on December 22, 2016. www.regulations.gov/. 18, 2016) and in Section 1.2 of the This final rule implements the A. Miscellaneous Comments Amendment 5b FEIS (see ADDRESSES), measures preferred and analyzed in the NMFS determined that it needs to FEIS for Amendment 5b to the 2006 Comment 1: NMFS received a wide reduce dusky shark fishing mortality by Consolidated HMS FMP in order to end range of comments expressing general approximately 35 percent relative to overfishing and rebuild dusky sharks. support for the proposed conservation 2015 levels to rebuild the stock by the The FEIS analyzed the direct, indirect, and management measures. year 2107. According to the outcomes of and cumulative impacts on the quality Commenters’ support was based upon five model runs, Spawning Stock of the human environment as a result of their concerns about the current status Fecundity (SSF) relative to SSFMSY the preferred management measures. of the dusky shark stock and the need (proxy biomass target) ranged from 0.41 The FEIS, including the preferred to end overfishing and conserve the to 0.64 (i.e., overfished) (median = 0.53). management measures, was made species in combination with their The fishing mortality rate (F) in 2015 available on February 24, 2017 (82 FR understanding that the proposed relative to FMSY was estimated to be 11574). On March 28, 2017, the measures would have minimal negative 1.08–2.92 (median = 1.18) (values >1 Assistant Administrator for NOAA impacts on the recreational and indicate overfishing). The updated signed a Record of Decision (ROD) commercial fisheries. Some commenters projections estimated that the target adopting these measures as Final agreed that the measures would end rebuilding years range from 2084–2204, Amendment 5b to the 2006 overfishing and rebuild the stock within with a median of 2107. In order to Consolidated HMS FMP. A copy of the the rebuilding timeframe. Most achieve rebuilding by 2107 with a 50% FEIS, including Final Amendment 5b to commenters supported the probability, the final models projected the 2006 Consolidated HMS FMP, is establishment of a shark endorsement that F on the stock would have to be available from the HMS Management requirement for HMS permit holders reduced 24–80% (median = 35%) from Division (see ADDRESSES). In brief, the fishing for sharks recreationally, and 2015 levels. While NMFS typically uses final management measures shark identification and regulations a 70-percent probability of rebuilding by implemented in this rule are: Shark course for commercial permit holders the deadline for Atlantic highly endorsement and circle hook (HMS pelagic longline, bottom longline, migratory shark species, the 2016 requirements in the recreational and shark gillnet) as a requirement to update has a higher level of uncertainty Atlantic shark fisheries; shark release target, land, and retain sharks in Federal than other shark assessments and protocols in the pelagic longline fishery; waters. Many commenters generally presents a more pessimistic view of dusky shark identification and safe supported requiring the use of circle stock status than was expected based on handling training in the HMS pelagic hooks in the recreational and bottom review of all available information (as longline, bottom longline, and shark longline fisheries although there were detailed in the proposed rule and gillnet fisheries; outreach and fleet many comments requesting Section 1.2 of the FEIS). Thus, for the communication protocol in the HMS modifications to the wording and purposes of this Amendment, pelagic longline, bottom longline, and implementation of the alternatives, as management measures were developed shark gillnet fisheries; and, a circle hook discussed in more detailed comment that would achieve the mortality requirement in the directed shark responses below. reductions associated with the median bottom longline fishery. Additionally, Commercial fishermen and other assessment model run and a 50-percent Amendment 5b clarifies ACLs and AMs groups expressed general support for the probability of rebuilding by the deadline for the prohibited shark complex, commercial alternatives, including the (i.e., 35-percent mortality reduction). A including dusky sharks. As described in establishment of a dusky shark detailed discussion of the stock the Responses to Comments below, avoidance and relocation protocol, assessment can be found in the NMFS made several changes to the requiring the use of dehookers or cutting Amendment 5b FEIS (see ADDRESSES) preferred alternatives between the the line within three feet of the shark to and the final SEDAR 21 stock proposed and final rule, based in part release them, and adding a shark

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identification section to the protected fisheries, as described in Section 1.2 of reducing interactions. They found this species and safe handling workshop the FEIS. Specifically, the available particularly concerning in the required of commercial fishermen. The observer data for the Southeast dolphin/ commercial longline fisheries where Environmental Protection Agency (EPA) wahoo, reef fish, and snapper-grouper they suggest that many dusky sharks are rated the DEIS as ‘‘lack of objections,’’ longline fisheries indicate that dusky already dead upon haulback (i.e., high per its EIS rating criteria, and noted its shark bycatch is rare, averaging only a at-vessel mortality). One commenter support for the overall efforts by NMFS few observed mortalities per year. The stated that sharks caught on longline to further protect dusky sharks. commenters rely heavily on the gear that are still alive at haulback face Response: As detailed in Chapter 4’s extrapolated estimates of the first significant post-release mortality. Some environmental effects analyses, NMFS National Bycatch Report, 1st Edition commenters felt NMFS should further agrees that the Amendment 5b measures Update 1 (2011), but as detailed in consider alternatives that prohibit will reduce fishing mortality below the Chapter 1 of the FEIS and the response fishing during the areas/times that level needed to end overfishing and to Comment 13, NMFS generally does dusky sharks are most vulnerable to rebuild the dusky shark stock consistent not rely on that Report for management capture, reduce overall effort, or require with the SEDAR 21 dusky shark stock purposes. Further, NMFS has the use of more selective fishing gear. assessment update and the Magnuson- determined that these estimates are Some commenters stated that the non- Stevens Act, while minimizing effects inappropriate for use in developing preferred alternative to implement hot on the commercial and recreational conservation and management measures spot closures is the only effective way fisheries. for this specific stock. These bycatch to reduce dusky shark mortality. Some Comment 2: Some commenters stated estimates were not accepted for use in commenters advocated for the that additional regulations to protect the SEDAR 21 stock assessment and alternative that would impose a bycatch dusky sharks were not warranted as update by the data workshop working cap on the fisheries that interact with their retention is already prohibited. group, further highlighting their dusky sharks in hotspot areas. These These commenters felt NMFS should inadequacy for HMS management commenters said that once a bycatch instead focus on the enforcement of purposes. Dusky shark mortality does cap is reached, that should trigger existing regulations prohibiting the occur in state waters. However, NMFS hotspot closures in areas where dusky harvest of dusky sharks, and that does not manage the state water shark bycatch is known to be high for additional regulations on the fishery fisheries; as described in the FEIS and the corresponding fishery. Some would result in reduced compliance. Appendix II, NMFS will coordinate commenters stated that the hotspot The State of Mississippi opposed the with the states and the Atlantic States closure measures were the only measures to protect dusky sharks Marine Fisheries Commission on the alternatives that provided a quantifiable because it felt the measures could measures implemented by this action. If and objective reduction in dusky interfere with the fisheries for other, the states also adopt measures mortality. healthy stocks of sharks. commensurate with those included in Response: Although a prohibition on Response: NMFS agrees that there is retention at times provides adequate Amendment 5b, as they often do with evidence that dusky sharks experience protection for species that are HMS actions, it will increase the high at-vessel and post-release mortality experiencing overfishing, the latest mortality reduction benefits for dusky rates in some fisheries, including the dusky shark stock assessment update sharks. However, the measures in longline fisheries. That is why the shows that dusky sharks are still Amendment 5b, building on the existing approach taken in Amendment 5b to experiencing overfishing despite their Federal conservation and management reduce dusky shark mortality relies, in prohibited status. A detailed description measures, are sufficient to meet the part, on bycatch reduction (Alternative of the dusky shark stock assessment Magnuson-Stevens Act requirements in B6), gear modifications (Alternatives update results is available in Chapter 1 the absence of state and/or Atlantic A6d, B9), safe release requirements of the FEIS. Because dusky sharks are State Marine Fisheries Commission (Alternative B3), and education and still overfished and experiencing (ASMFC) action. The conservation and training on handling techniques overfishing, the Magnuson-Stevens Act management measures that are (Alternatives A2, B5, B6) to reduce at- requires NMFS to implement components of the rebuilding plan are vessel and post-release mortality rates. management measures to stop still in effect and include: A continued NMFS analyzed a series of bycatch overfishing and rebuild the stock. prohibition on retention of dusky sharks ‘‘hotspot’’ time/area closures in Comment 3: Commenters stated that (§§ 635.22(c)(4) and 635.24(a)(5)), time/ Alternative B4, but these alternatives additional management measures to area closures (§ 635.21(d)), and the were not preferred because similar or conserve dusky sharks should be prohibition of landing sandbar sharks greater reductions could be achieved implemented in all fisheries that (the historic target species for the large with other measures that would have interact with dusky sharks, and not just coastal shark fishery and responsible for fewer negative socioeconomic impacts. the HMS fisheries that do so. Fisheries a significant portion of dusky Additionally, the hotspot closure not covered under Amendment 5b that interactions) outside of a limited shark analyses only quantified the mortality were identified by various commenters research fishery, along with significant reductions that could be achieved as interacting with dusky sharks large coastal shark (LCS) retention limit within the pelagic longline fishery (only included state water recreational and reductions in the bottom longline one source of mortality), not across the commercial fisheries, the Gulf of Mexico fishery where interactions were whole stock. NMFS analyzed reef fish bottom longline fishery, the commonly occurring (§§ 635.24(a)(1), alternatives that would reduce fishing South Atlantic snapper-grouper bottom (2), and (3)). The measures in effort by making the recreational shark longline fishery, and the South Atlantic Amendment 5b will build upon these fishery catch-and-release only dolphin/wahoo fishery. existing rebuilding plan elements. (Alternative A7), limiting the number of Response: Based on the best scientific Comment 4: The EPA and some hooks on pelagic longline sets information available, the majority of commenters expressed their concern (Alternative B2), and entirely closing dusky shark interactions occur in that the proposed measures only appear the pelagic longline fishery (Alternative commercial and recreational HMS to reduce mortalities as opposed to B8). The analyses in Chapter 4 of the

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FEIS support the determination that the measures that would rely upon absolute reduced at-vessel and post-release Amendment 5b measures will achieve catch or discard estimates, such as a mortality rates on many shark species, the necessary mortality reductions quota or sector ACLs. Instead, the including dusky sharks. However, as without the negative socioeconomic measures in Amendment 5b focus on described in Section 2.3 of the FEIS impacts associated with the hotspot reducing the rates and relative levels of (Alternatives Considered but Not closure and bycatch cap alternatives. mortality. The measures in this action Further Analyzed), an alternative that Comment 5: One commenter stated will achieve the necessary mortality would limit soak time is not considered that the overarching goal of Amendment reductions through other means, to be reasonable at this time because of 5b should be to effectively ‘‘count, cap, including bycatch reduction, safe safety, enforcement, and safe-handling and control’’ dusky mortality in all release requirements, gear modifications concerns. During the public comment fisheries that interact with the species. and training that reduce at-vessel and period of the Amendment 5b Predraft, Response: NMFS disagrees that this post-release mortality rates, and NMFS heard comment from industry general management approach would be outreach and education to improve that limiting soak time could rush feasible or necessary in Amendment 5b. compliance rates and data collection, in fishing operations, particularly on sets The objectives of Amendment 5b are to addition to the measures adopted in the with high numbers of large fish. In these end overfishing and rebuild dusky 2008 rebuilding plan. Additionally, instances, the crew may need to rush to sharks, which must be achieved through with improved species identification meet soak time restrictions, reductions in mortality. A ‘‘count, cap, training, data collection on recreational compromising safety at sea and possibly and control’’ approach is used in a dusky shark catches should improve by rushing through protected resource safe number of other fisheries, and can reducing the occurrence of handling requirements. From an reduce mortality in cases where ‘‘unidentified’’ sharks in catch reports enforcement perspective, concerns were appropriate bases exist to specify and and surveys and increasing confidence raised about effectively monitoring such monitor catch limits that are correlated in the reported catch of dusky sharks. a measure fleetwide absent high levels with fishing mortality rates, but there As data collection improves, catch- of observer coverage and more general are numerous other acceptable ways to based assessments and management concerns were noted about the reduce fishing mortality. In the case of measures may become feasible in the enforceability of soak times. the dusky shark, there are insufficient future. Comment 8: NMFS received a wide data to count or cap catches. Measures Comment 6: NMFS should establish range of comments regarding the need were taken in Amendment 2 to bycatch caps between fishery sectors for a quantitative analysis explaining significantly reduce interactions with within the Consolidated HMS FMP, as how the proposed measures would dusky sharks by, for example, severely well as between non-HMS FMPs as a achieve the 35-percent reduction in reducing allowable catch in the bottom ‘‘preferred alternative’’ in the final dusky shark mortality. EPA and other longline fishery for sandbar sharks (the Amendment 5b. At a minimum, NMFS commenters noted that it was difficult primary source of dusky bycatch), and should coordinate bycatch caps among from the analyses in the DEIS to clearly the dusky shark fishery remains closed the HMS fisheries, Gulf of Mexico reef evaluate the effectiveness of the by designating the species as a fish bottom longline fishery, and South different alternatives as contributing to prohibited shark species and setting the Atlantic snapper-grouper bottom the necessary mortality reduction. As catch limit at zero. These measures longline fishery, as well as other such, the EPA recommended providing continue to be in effect. The same fisheries responsible for dusky shark additional information in the FEIS to commenter acknowledges this fact, bycatch and mortality. help quantify the impacts of the stating ‘‘[i]n order to reduce bycatch, the Response: NMFS disagrees that alternatives and facilitate comparisons Service must first determine how much bycatch caps are appropriate for further of alternatives. Another commenter bycatch is occurring, when, and where,’’ limiting dusky shark mortality. Under questioned whether the qualitative and ‘‘[t]he Fisheries Service cannot Alternatives Considered but Not Further analyses of the proposed alternatives enforce bycatch caps if the amount of Analyzed in Chapter 2 of the FEIS, meet the standards required by NEPA. bycatch is unknown.’’ NMFS agrees NMFS includes a detailed explanation Several commenters called upon NMFS with these statements, which highlight of why bycatch caps, while helpful for to conduct a more quantitative analysis the impracticality of the proposed some species, are not appropriate for the of the proposed alternatives in the FEIS ‘‘count, cap, and control’’ management current situation with the available data to demonstrate how they would achieve approach in the absence of the for dusky sharks. The response to the targeted 35-percent reduction in fundamentally necessary bycatch data. Comment 5 also addresses scientific mortality. As described in Section 1.2 of the FEIS concerns related to establishing dusky Response: NMFS has been responsive and in the stock assessment update, shark bycatch caps. to these comments in the FEIS, which total catch data do not exist, thus the Comment 7: The EPA noted that the includes more quantitative analysis of SEDAR21 assessment update used a 2014 Northwest Atlantic Dusky Shark the expected impacts of the alternatives, catch-free modeling approach, and the Status Review Report identified hook to the extent possible using the best total allowable catch (TAC) estimates time, correlated with soak time, as a available scientific information. provided by the 2016 stock assessment significant factor in predicting at vessel However, as described in Chapter 4 of update were not recommended as valid dusky shark mortality. As such, the EPA the FEIS, it is not possible to for use in management. For the above recommended that NMFS consider specifically quantify the projected effect reasons, there is no rational basis in this providing more detail in the FEIS of most of the preferred alternatives on situation for establishing an appropriate concerning the appropriateness of the overall dusky shark population cap for dusky shark catches in any addressing hook soak time as a means because total catch and population size individual fishery or across fisheries of reducing dusky shark mortality in the are unknown. The alternatives in the that interact with them, or to know what longline fisheries. FEIS include more quantitative level of catch would effectively and Response: NMFS agrees that there is discussion than the DEIS included for appropriately constrain fishing considerable scientific information the expected effects on mortality rates of mortality. Consequently, the amended indicating that shorter hook soak times individual sharks caught within the rebuilding plan does not contain on bottom longlines are correlated with affected fisheries, but qualitative

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inferences are still necessary due to the of confidence in the output. A more NMFS consider extending the lack of data. Qualitative analyses are detailed explanation of NMFS’ requirement to use dehookers or to cut acceptable within NEPA analyses when determinations regarding the probability the leader close to the hook to quantitative resources are lacking. of rebuilding is available in the response recreational shark anglers as well. Therefore, while it is not possible to to Comment 25. Response: This final rule requires that calculate the precise mortality reduction Comment 10: One commenter stated commercial fishermen release all sharks of the alternatives, individually or that Amendment 5b is inconsistent with that are not being boarded or retained by cumulatively, NMFS has determined National Standard 9 because the action using a dehooker, or by cutting the that the best available scientific does not provide a means to quantify gangion no more than three feet from information indicates that the measures dusky bycatch. the hook as safely as practicable. NMFS in Amendment 5b will end overfishing Response: National Standard 9 of the does not extend the same requirement to and rebuild the dusky shark stock as Magnuson-Stevens Act states that the recreational fishery. NMFS already required. ‘‘[c]onservation and management requires recreational anglers to release Comment 9: Two commenters measures shall, to the extent practicable: sharks in a manner that maximizes the suggested that NMFS had not fully (1) Minimize bycatch; and (2) To the chance of survival, and many anglers do analyzed a reasonable range of extent bycatch cannot be avoided, so by using dehookers or by cutting alternatives to end overfishing and minimize the mortality of such leaders close to the hook. At-vessel and rebuild the dusky shark stock consistent bycatch.’’ Consistent with this national post-release mortality of dusky sharks in with NEPA requirements. These standard, over the years, NMFS has recreational fisheries already appears to commenters stated that bycatch caps are implemented conservation and be low according to the available within the reasonable range of management measures to minimize recreational data in the FEIS (Section alternatives and are one of the few bycatch and bycatch mortality of dusky 1.2). Thus, NMFS will continue to measures that can objectively reduce sharks. See Chapter 1 of the FEIS. The maintain the requirement as written in dusky shark mortality. The commenters Amendment 5b measures build upon the recreational fisheries without believe that by not analyzing bycatch those bycatch measures, as they are specifying the required method of caps, NMFS has not analyzed a full specifically designed to reduce at-vessel release, because the requirement is range of alternatives. These commenters and post-release mortality rates of dusky already effectively implemented. also stated that to comply with NEPA sharks. In addition, the education and Comment 13: One commenter stated requirements, a range of alternatives outreach measures will improve species that Amendment 5b is not consistent considering ACLs other than zero and identification and accurate reporting of with National Standard 2 because the additional AMs should be analyzed. catches of dusky sharks and other action does not use the best available Furthermore, it was stated that to prohibited species. For an explanation science. This commenter contends that, comply with NEPA, a range of of bycatch reporting methodologies for although highly uncertain, the TAC alternatives analyzing the impacts of HMS fisheries, see Chapter 3 of the provided in the 2016 dusky shark stock using different probabilities of achieving FEIS. assessment update is the best available rebuilding success (i.e., 50 percent, 70 Comment 11: One commenter stated science and should be used to provide percent, or 90 percent probability) that state water fishermen are a cap on fishing mortality. Furthermore, should have been developed. interacting with dusky sharks during this commenter stated that the dusky Response: The alternatives analyzed certain times of the year and that those shark bycatch estimates in the National in Amendment 5b represent the fishermen often misidentify shark Bycatch Report are the best available reasonable range of alternatives, species. The commenter stated that science and should be used, consistent consistent with the purpose, need, and dealers that purchase the sharks with National Standard 2. objectives of the rulemaking, as required typically take the fisherman’s word on Response: Amendment 5b is by NEPA. Although some commenters species identification. consistent with National Standard 2 and have identified measures that they Response: An important part of uses the best available science, believe would better meet the objectives Amendment 5b’s outreach effort to including the 2016 SEDAR 21 stock of Amendment 5b, not all of them are rebuild dusky sharks is working with assessment update for dusky sharks. It reasonable. Bycatch caps were not the ASMFC and the Atlantic states to also relies on scientific advice regarding considered a reasonable alternative, as encourage them to reduce dusky shark the value or advisability of using certain detailed in the Alternatives Considered mortality and implement measures that data as the basis for management but Not Further Analyzed section in complement NMFS’ effort within their measures. While certain data were Chapter 2 of the FEIS. See also jurisdictions. All shark dealers in deemed not reliable enough to form the responses to Comments 5 and 6. Atlantic states (Maine through Florida) basis of management measures, the Regarding the probability of are required to obtain a Federal shark development of the conservation and rebuilding, NMFS made a scientifically- dealer permit, per the ASMFC Interstate management measures and impact based determination about the FMP for Coastal Sharks, and must analyses drew heavily from several up- appropriate level of risk, given the attend a shark identification workshop to-date data sources, including circumstances here. As discussed in as a condition of their permit. Other logbooks, observer reports, fishery- Section 1.2 of the FEIS, NMFS has members of the public, including state independent surveys, Marine explained the scientific justification for dealers in the Gulf of Mexico can attend Recreational Information Program using the 50 percent probability and these workshops and states have the (MRIP) estimates, and recent scientific explained why 70 percent was not option to set up their own workshops research. Results from the stock feasible due to poor data, uncertainty, for state dealers to attend. Any Atlantic assessment update and the other data and other concerns. The determination shark dealers misreporting shark species sources represent the best available of which probability to use was not identification will continue to be science. In acceptance of the 2016 stock based on ecological, social, or economic referred for enforcement action as assessment update as the best available impacts; rather, it was based on the appropriate. science, NMFS has also accepted its stock assessment output estimates, Comment 12: Some commenters, recommendation to not use the overfishing risk tolerance, and the level including the EPA, suggested that calculated TACs, as described in

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Section 1.2 of the FEIS and stock resulted in artificially inflated values for including reducing illegal landings by assessment update report. While the dusky shark bycatch in the non-HMS 95 percent (Curtis and Sosebee 2016). commenter recommended that we use BLL fisheries. Similar artificially Additionally, angler education programs ‘‘the TAC’’ in the stock assessment, the inflated estimates were made in the that train recreational fishermen in safe final 2016 stock assessment update had vertical line and troll fisheries, where fishing, handling, and release five different TAC estimates ranging observed dusky shark interactions are techniques result in reduced post- from 7,117 to 47,400 lb (3.2 to 21.5 mt) near zero. Therefore, the dusky shark release mortality rates (Poisson et al. dressed weight (median = 27,346 lb estimates provided in the National 2016). (12.4 mt) dressed weight), and NMFS Bycatch Report, 1st Edition Update 1 Comment 16: The EPA submitted a has no scientific basis to select one TAC (using 2006–2010 data) are considered comment questioning the effectiveness over another, and none of them are invalid for use in management. The of dusky shark species identification considered acceptable for management methodology used to estimate dusky training, specifically with respect to purposes. shark bycatch in the National Bycatch Galapagos sharks. Galapagos sharks are Because the stock assessment uses a Report, 1st Edition Update 1 was not very difficult to differentiate from dusky catch-free model, it does not calculate used in the subsequent National sharks. The EPA stated that while U.S. projected levels of catch. Therefore, Bycatch Report updates due to these fishermen likely fish in areas these estimates were not recommended issues. Additionally, these extrapolated overlapping with dusky shark for use in management according to the catch estimates were not accepted for distribution rather than Galapagos shark stock assessment documents. use in the SEDAR 21 stock assessment distribution, it is very difficult to tell the Specifically, the preliminary 2016 stock and update, which used catch-free two species apart. The EPA contends assessment update report stated that, models, further supporting NMFS’ that dusky sharks are morphologically ‘‘[w]e also provided an estimate of the determination that these estimates are very similar to, and genetically total weight of removals associated with not acceptable for use in management. indistinguishable from, Galapagos different reductions in total F, but Comment 14: The EPA submitted a sharks. Vertebral counts and subtle caution that these are estimates only, comment recommending additional dorsal fin differences are characteristics and subject to considerable environmental justice information in the used to distinguish the two species and uncertainty.’’ Additionally, the final EIS. Specifically, the EPA recommended are unlikely to be used without lethally 2016 stock assessment update that NMFS include the evaluation of exposing the vertebral column or recommended that ‘‘projections based environmental justice populations comparing side-by-side specimens of on catch-based removals should not be within the geographic scope of the the two species. The EPA stated that it considered.’’ Therefore, NMFS accepts projects. The EPA recommended that is unclear how better species the recommendations of the stock NMFS substantiate and include in the identification would resolve species assessment update, and will not use EIS whether the proposed alternatives identification difficulties. those TAC estimates as a basis for any have any potential for disproportionate Response: NMFS is aware of the management measures. adverse impacts to minority and low- difficulty in differentiating between As detailed in Section 1.2 of the FEIS, income populations. The EPA also dusky and Galapagos sharks and the the values estimated in the National recommended that the EIS include the emerging research examining genetic Bycatch Report, 1st Edition Update 1 for approaches used to foster public differences. However, both species are 2006–2010, used a methodology that participation by these populations and prohibited from retention and landings, tended to overestimate dusky shark describe outreach conducted to all other thus, both would be released by any bycatch in these non-HMS fisheries, communities that could be affected by fishermen catching and confusing the which was corrected in the subsequent the project, because rural communities species. Because both species are National Bycatch Report update for may be among the most vulnerable to prohibited, NMFS does not see an 2011–2013 (Table 1.6). Specifically, health risks associated with the project. immediate sustainability threat to dusky because there were so few observed Response: NMFS appreciates these sharks due to misidentification between dusky shark interactions in the reef fish recommendations from the EPA and has the two species. and snapper-grouper BLL fisheries (as added additional information in the Comment 17: The EPA submitted a supported by Table 1.5), the National environmental justice discussion in comment stating that juvenile dusky Bycatch Report (1st Edition Update 1) Section 9.4 of the FEIS. sharks look very similar to juvenile initially used dusky shark catch-per- Comment 15: The EPA recommended sandbar, Galapagos, and silky sharks, unit-effort (CPUE) from the shark BLL providing summaries of any studies or even if adults are more readily fishery observer program, including the other scientifically-supportable identifiable. They were concerned that shark research fishery data, and information that supports the misidentification among the four expanded that catch rate to the total assumption that recreational and species could reduce the effectiveness of effort in the BLL fisheries for reef fish commercial shark identification training efforts to reduce dusky shark mortality. and snapper-grouper. BLL sets for will reduce dusky shark mortality Response: NMFS acknowledges the sharks and reef fish/snapper-grouper are through decreased misidentification and species identification challenges with different (different gear configurations, increased understanding of regulations. juvenile dusky sharks and similar- soak times, etc.) and are not directly Response: The Alternative A2 looking species, which has been a comparable. Additionally, because sets ecological impacts section of Chapter 4 chronic hindrance to estimating catches for both sharks and reef fish/snapper- of the FEIS details how species and assessing the stock with catch-based grouper can occur on the same trip, identification outreach can reduce methods. However, the measures in estimates that treated these fisheries mortality of elasmobranchs. Research on Amendment 5b will reduce mortality completely separately would have other U.S. Atlantic prohibited rates on all sharks in the affected resulted in double counting of some elasmobranch species has demonstrated fisheries, and improve species sharks. The shark research fishery trips that focused outreach and species identification. Because all four of the target sandbar sharks and have a identification training can improve species mentioned in the EPA’s comparatively high interaction compliance rates with prohibited comment are prohibited in the frequency with dusky sharks, which species regulations to over 98 percent, recreational fishery and cannot be

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retained by pelagic longline fishermen, assessment update, given limited data is zero. The recreational and NMFS does not see an immediate on dusky sharks, multiple data sources, commercial fisheries for dusky sharks sustainability threat to dusky sharks due and five plausible model scenarios. The are closed, and the measures adopted in to misidentification among these four update had five different TAC estimates, this amendment will ensure that only species. and these estimates were so uncertain small levels of bycatch will occur and and wide-ranging as to be inappropriate B. Annual Catch Limits (ACLs) and will not lead to overfishing. Contrary to for management use according to the Accountability Measures (AMs) the commenter’s assertions, NMFS has SEDAR 21 stock assessment. NMFS taken significant management actions to Comment 18: One commenter stated does not have a basis for picking one address dusky shark overfishing since that NMFS should not set the dusky model scenario over another and is the prohibition for dusky sharks went shark ACL equal to zero. Instead, the concerned that setting an ACL based on into effect and has continuously commenter felt the Agency must use the the highly uncertain TAC estimates monitored bycatch levels using all best scientific information currently could encourage increased catch. available data sources (see Section 1.2 of available to set a precautionary ACL that Furthermore, allowing catch or the FEIS). The first dusky shark stock accounts for bycatch interactions of landings, even at low levels, could send assessment was completed in 2006. As dusky sharks in each fishery that a message to fishermen that interactions a result of that assessment, in 2008, catches dusky sharks and propose AMs are permissible at some level and could NMFS established a rebuilding plan for to ensure adherence to the ACL disincentivize avoidance of interactions, dusky sharks and implemented major (including the current prohibition on which is one of the goals of the changes in the shark fisheries that retaining dusky sharks). Another measures adopted in this Amendment. changed how all directed shark commenter stated that dusky sharks Thus, dusky sharks remain in the fishermen conduct their business (e.g., should not be grouped with the other prohibited shark complex, with an ACL creation of the shark research fishery, prohibited sharks under the same ACL. set at zero. The measures adopted severe reduction of sandbar shark quota Response: Amendment 3 to the HMS through Amendment 5b, in addition to to reduce dusky shark bycatch, FMP (2010) implemented a mechanism the continuation of measures adopted as reduction in the trip limit, etc.). Since for establishing ACLs and AMs for each part of the dusky shark rebuilding plan, that time, there have been other actions of the shark management groups. For are AMs. in HMS fisheries, such as the sharks in the prohibited shark complex, Regarding the comment that dusky implementation of Amendment 7, that this methodology was not applied sharks should be removed from the have resulted in significant changes because the fisheries were closed and prohibited shark group and managed throughout HMS fisheries, not just shark landings were prohibited. Therefore, the separately, separating dusky sharks and fisheries. According to the SEDAR 21 ACL was considered to be zero, as the other prohibited sharks under clarified in this Amendment. Recent dusky shark stock assessment update, separate ACLs, each equal to zero, NMFS’ management of dusky sharks has revisions to the NS 1 guidelines (81 FR would not provide any meaningful 71858; October 18, 2016), specify that if significantly reduced fishing mortality advantage for any prohibited species on dusky sharks, but not yet completely an ACL is set equal to zero and the AM over the approach being used. Catch and for the fishery is a closure that prohibits ended overfishing. Dusky sharks have bycatch estimates, to the extent they are experienced improvements in their fishing for a stock, additional AMs are available, will still be tracked not required if only small amounts of stock status outlook as described in the individually for each species and in any 2016 stock assessment update and catch (including bycatch) occur and the future assessments for prohibited Section 1.2 of the FEIS. Overfishing has catch is unlikely to result in overfishing. sharks. Grouping all prohibited sharks been reduced substantially (median See 50 CFR 600.310(g)(3). under a single ACL does not preclude F /F ratio of five scenarios = 1.18, Here, the ACL for the prohibited shark NMFS from considering management 2015 MSY compared to F /F = 1.59 in the complex continues to be set equal to measures to address any sustainability 2009 MSY previous assessment). As detailed in the zero, and the existing AM for all of the concerns for any single stock, as ecological impacts section of Chapter 4 stocks in the prohibited shark fishery is evidenced by the actions in Amendment of the FEIS, the management measures a closure that prohibits fishing for the 5b. In summary, NMFS has determined in Amendment 5b, which are AMs, will stocks. Inclusion of a species in the that specifying an ACL of zero for the prohibited stock complex means that all prohibited shark complex, which build on the success of past measures by commercial and recreational retention is includes dusky sharks, is appropriate further reducing bycatch mortality and prohibited and the fishery is closed (see and consistent with the NS1 guidelines ending overfishing. Additionally, NMFS § 635.28(b)(1)(iv)). Thus, AMs in and requirements of the MSA. has continually tracked dusky shark addition to the closure are not required Comment 19: Another commenter bycatch over time through numerous if only small amounts of catch occur stated that NMFS has essentially fishery-dependent monitoring programs and the catch is unlikely to result in operated under an ACL of zero since (observers, logbooks, recreational overfishing. There is no information retention of dusky sharks was surveys, etc.), as detailed in Section 1.2 suggesting that overfishing is occurring prohibited in 2000, has failed to track or of the FEIS. on species in the prohibited shark limit bycatch of dusky sharks or enforce Comment 20: One commenter stated complex, except for dusky sharks, and any limit of bycatch mortality with that the National Standard 1 provision the Amendment 5b rulemaking is accountability measures, and in doing at 50 CFR 600.310(g)(3) should not undertaking AMs to end that so has failed to end overfishing of the apply to the dusky shark fishery. See overfishing. stock. response to Comment 18 for explanation NMFS notes that there would be Response: NMFS disagrees. Dusky of the provision. The commenter policy and scientific/data concerns if we sharks have been prohibited since 2000, contends that (1) the dusky shark were to specify an ACL other than zero but ACLs were not established for HMS- fishery is not closed as several fisheries for the prohibited shark complex, managed sharks until Amendment 3 that are known to interact with dusky including dusky sharks. As noted in the (2010). As clarified in this Amendment, sharks are still open; (2) overfishing is response to Comment 13, there was a the ACL for the stocks in the prohibited still occurring in the dusky shark high level of uncertainty in the 2016 shark complex, including dusky sharks, fishery; and (3) bycatch is not small

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considering the average annual number 2008), night sharks (Carlson et al., commercial and recreational fisheries of dusky sharks caught as bycatch (529 2008), sand tiger sharks (Carlson et al., cannot afford. per year according to the DEIS) is more 2009), white sharks (Curtis et al., 2014), Response: The Magnuson-Stevens Act than double the highest estimated TAC and bigeye thresher sharks (Young et al., requires fishery management measures of adult dusky sharks (which the 2016)—are not experiencing overfishing. to end and prevent overfishing and to commenter calculated would be 249 While such analyses have not been rebuild overfished stocks. An ACL of dusky sharks by dividing the estimated completed for all of the prohibited shark zero for the prohibited shark complex, TAC in the assessment by a potential species, there is no information including dusky sharks, in conjunction average dressed weight of a mature suggesting that overfishing is occurring with the continuation of measures dusky shark) that would provide a 70- on species in this complex, except for adopted in the dusky shark rebuilding percent chance of rebuilding by 2107, dusky sharks, and the Amendment 5b plan thus far (e.g., Amendment 2) and according to the recent SEDAR 21 rulemaking is undertaking AMs to end the new AMs outlined in Amendment update. The commenter also stated that that overfishing. 5b, will prevent overfishing. NMFS the DEIS did not specify a threshold for Comment 21: One commenter stated agrees that as the population recovers determining what level of bycatch is that the 50 CFR 600.310(g)(3) provision and the dusky shark stock increases, an ‘‘small.’’ does not exist in the Magnuson-Stevens increase in interactions could occur. Response: As discussed in Section 1.2 Act, and the Supreme Court has held NMFS will continue to monitor dusky of the FEIS, the ACL/AM provisions for that Federal agencies cannot create sharks through the available fishery- dusky sharks in Amendment 5b meet exemptions to a statute that Congress dependent and -independent data the conditions set forth in the NS 1 did not already include. sources, and future stock assessments, guidelines. First, the dusky shark Response: Section 50 CFR and consider additional management fishery is closed, as explained in 600.310(g)(3) from the National measures in the future if necessary. Comment 23: One commenter stated response to Comment 18. Second, Standard 1 guidelines is consistent that, while NMFS’ intention to monitor measures under Amendment 5b and this with, and not an exemption to, the bycatch levels of prohibited sharks is rule will end overfishing for dusky Magnuson-Stevens Act. The Act sharks and ensure that the small levels necessary, there are no means to requires that FMPs establish ACL/AM of bycatch are unlikely to lead to determine if bycatch mortality falls mechanisms with the goal of preventing overfishing. NMFS notes that the within safe ranges because nearly all the overfishing from occurring, 16 U.S.C. estimated level of overfishing for dusky prohibited shark species have not 1853(a)(15). Section 600.310(g)(3) sharks in the current stock assessment undergone a stock assessment. explicitly provides that its provisions update is not high (median of five Furthermore, the commenter stated that may be invoked if there is an ACL of plausible model scenarios is F /F each of the prohibited shark species is 2015 MSY zero, an AM that is a closure, and ‘‘catch is 1.18; values >1 indicate overfishing). unique with different life history traits, Third, for all sharks in the prohibited is unlikely to result in overfishing.’’ different bycatch levels, and different shark complex, only small amounts of Response to comment 46 in the final vulnerabilities. To address this concern, catch (including bycatch) occur. The National Standard 1 guidelines the commenter suggested creating four NS1 guidelines do not provide a revisions (81 FR 71858; October 18, subgroups of prohibited shark species definition or detailed guidance on what 2016) explains that § 600.310(g)(3) is an reflecting high and low levels of fishery constitutes a ‘‘small’’ amount of optional tool that will only apply to a interactions and high and low bycatch. However, the available data limited set of cases where there is no vulnerability based on life history traits. show that prohibited shark species— way to account for the small amounts of The commenter felt these subgroups including dusky sharks—are not bycatch occurring and, therefore, it is could provide a way to prioritize commonly caught as bycatch in HMS or not pragmatic to establish AMs to try to monitoring and stock assessments, and other fisheries. Prohibited sharks as a account for such small amounts of those species with a high vulnerability group have observed bycatch amounts bycatch that are unlikely to result in and high fishery interactions could be in the 10s and 100s of individuals. By overfishing. NMFS notes that, as a prioritized over those with a low comparison, many fish stocks have statutory matter, the national standard vulnerability and low fishery observed bycatch amounts estimated in guidelines do not have the force and interactions. The commenter noted that the hundreds and thousands of metric effect of law, 16 U.S.C. 1851(b). this process could occur outside of the tons, and prohibited shark species Consistent with Magnuson-Stevens Act Amendment 5b rulemaking process. collectively represent a small portion of requirements, as detailed in Chapter 4 of Response: Many of the prohibited total shark bycatch across all fisheries the FEIS, there is an ACL/AM sharks do not have stock assessments. (U.S. National Bycatch Report, First mechanism for prohibited shark species, Stock assessments for prohibited species Edition Update 2, 2016). With regard to and bycatch of dusky sharks is unlikely are often complicated by a near or the commenter’s TAC calculation, as to result in overfishing under the complete lack of data. However, as this detailed in the response to Comment 13, Amendment 5b management measures. commenter noted, there are ways to the TACs estimated in the 2016 stock Comment 22: A few commenters prioritize monitoring and stock assessment update are not considered objected to setting the dusky shark ACL assessments among the prohibited acceptable for management. Thus, direct to zero on the grounds that it will lead sharks. NMFS has used methods to comparisons of the observed mortalities to further restrictions in fisheries that prioritize monitoring and stock summarized in Section 1.2 of the FEIS interact with dusky sharks as the assessments of prohibited sharks since against the TACs estimated in the stock population recovers and interactions first beginning management of Atlantic assessment update are not appropriate. with the species increase accordingly sharks with the 1993 FMP. Based on In addition to requiring that the due to their increasing abundance. With this prioritization, an initial analysis bycatch be ‘‘small,’’ the NS1 guidelines an ACL set equal to zero, NMFS would was performed of sharks that have more specify that catch be unlikely to lead to have no way to measure success, and vulnerable life history traits and overfishing. According to the available dusky shark will inevitably become presumably higher levels of fishery analyses, certain prohibited shark another choke species that will lead to interaction. Based on this information, species—basking sharks (Campana, unnecessary fisheries closures that the retention of dusky sharks was

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prohibited through the 1999 FMP, management and fishing behavior, the U.S. fleet fishing effort due to effective in 2000. validity of fishery-independent sources, management actions not reflected in the The Brief Management History section environmental factors, potential data 2016 stock assessment update, and of Chapter 1 has more detail and final from neighboring nations that may catch improved age and growth information rule references for this action. NMFS dusky sharks, and other relevant indicating that dusky sharks have faster later created a Vulnerability Evaluation information to improve the assessment. age and growth dynamics than Working Group in 2008 to provide a Comment 25: Some commenters were previously thought, which likely results methodology to determine vulnerability opposed to NMFS’ decision to use in higher productivity than that (a function of both biological mortality reduction targets estimated to considered in most of the model productivity and susceptibility to provide a 50-percent probability of scenarios of the 2016 stock assessment fisheries) of a wide range of U.S. fish rebuilding the dusky shark stock by update (Natanson et al., 2014). It is stocks (Patrick et al. 2009, 2010). 2107. They contend that previous possible that the ‘‘high productivity’’ Atlantic HMS sharks, including actions involving Atlantic HMS sharks model scenario encompassed the effects prohibited species, were part of this have generally used the 70-percent of this new life history information, Productivity and Susceptibility Analysis probability for other sharks and that while also reducing the plausibility of (PSA), which found that the vast NMFS, in the Predraft for Amendment the ‘‘low productivity’’ scenario. This majority of prohibited species fell in the 5b, stated that the 70-percent probability information could not be directly used same region of the PSA plot (see Figure is the most appropriate. The in the 2016 assessment update, because 5 in Patrick et al. 2009) indicating commenters stated that the necessary assessment updates only incorporate similar vulnerability. It was noted in the mortality reductions should reflect the data inputs (e.g., time series, life history document that 12 of the 14 prohibited 70-percent probability threshold given parameters, etc.) that were previously species had some of the lowest the fact that previous measures have vetted through the SEDAR process and susceptibility scores of all HMS Atlantic failed to end overfishing over the last 10 approved as part of the most recent sharks. NMFS welcomes comments on years. One commenter stated that benchmark assessment. Here, that was ways to improve the stock assessment NMFS’ rationale for using the 50- the 2011 benchmark stock assessment prioritization process, and may consider percent probability is incorrect. The (SEDAR 21). Based on its review of the such changes in the future. However, commenter stated that while NMFS 2016 update, understanding about the this comment remains beyond the scope chose the 50-percent probability operation of the HMS fisheries under of Amendment 5b. because the dusky shark assessment was current management measures, and highly uncertain, it was no more C. Dusky Shark Stock Assessment and other available information, the F uncertain than the last dusky Mortality Reduction Targets estimate associated with the 50-percent assessment and assessments for other Comment 24: One commenter noted probability more accurately reflects shark species. The commenter also current fishing pressure and accounts that the dusky shark assessment update stated that NMFS chose the 50-percent may not be accurate because it did not for the new information on dusky shark probability because the assessment productivity than the F estimate consider several issues, including results were more pessimistic than fishermen avoidance of the species associated with the 70-percent expected, so NMFS changed the probability. Because of these issues, since 2000; the potential non-reporting mortality reduction objective rather than of dusky shark catches; flaws in some NMFS decided it was appropriate from properly addressing the results of the a scientific perspective to use the F fishery independent surveys to account assessment. One commenter who reduction associated with the 50- for range shifts due to climate change supported the use of a 50-percent percent probability of rebuilding by the and other factors; and continuing probability threshold noted that 50- deadline in Amendment 5b. Using the F problems in species identification. That percent is a commonly used standard reduction associated with a 50-percent commenter felt the next assessment that has been judicially-approved for probability, rather than a 70-percent should be a benchmark assessment that ending overfishing and the 50-percent probability, appropriately reflects this considers these issues. Another threshold makes sense given the higher change in risk tolerance while commenter noted the need to conduct a level of uncertainty associated with the remaining sufficiently precautionary benchmark assessment for dusky sharks update compared to past stock and is consistent with the standard used to address these and straddling stock assessments. (trans-international boundary) issues. Response: NMFS’ determination to in rebuilding plans for most NMFS- Commenters also stated that future use the fishing mortality reduction managed stocks. dusky shark stock assessments should associated with a 50-percent probability From a statistical perspective, the include data from Mexican and Cuban of rebuilding by 2107 is a standard wider confidence band in the water fisheries that also interact with approach in many NMFS stock projections results in the F estimate dusky sharks. rebuilding plans, is consistent with the associated with a 70-percent probability Response: Both the SEDAR 21 dusky Consolidated HMS FMP, and is being substantially lower than the apical shark stock assessment and stock scientifically justified as detailed in value (the value at the peak of the assessment update acknowledge the Section 1.2 of the FEIS. While NMFS distribution of F estimates). Thus, the F uncertainties in all of the input data typically uses a 70-percent probability reduction associated with 70-percent sources. However, these uncertainties for Atlantic highly migratory shark goes well beyond what NMFS would were characterized to the extent species, the 2016 update has a higher consider appropriately precautionary possible and accounted for within the level of uncertainty than other shark even for species with relatively slow life assessment model runs. NMFS has not assessments and presents a more history such as sharks. NMFS also notes yet scheduled the next dusky shark pessimistic view of stock status than that the rebuilding year (i.e., length of stock assessment, and agrees that the was expected based on a preliminary time the species could rebuild with no next dusky shark assessment should review of similar information and other fishing mortality plus one mean include a review of all available data available information. Such information generation time) was calculated using a sources, and should also investigate includes the information reviewed in 70-percent probability, as is typically methods for addressing changes in the ESA Status Review, reductions in done in assessments, which additionally

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increases the likelihood of achieving the stock as required. A 35-percent hunters need to take a safety class with rebuilding within the mandated time mortality reduction is needed to end bird identification in the State of Florida period. Furthermore, while the overfishing with a 50 percent to get a hunting license, an online class probability of rebuilding the dusky probability and will be achieved by the such as what is proposed and another shark stock by 2107 with a 35-percent measures adopted in this Amendment. for all HMS species, particularly in mortality reduction is 50 percent, the Comment 27: The EPA suggested regard to reporting requirements, in probability of this mortality reduction clarifying why it is appropriate to set a order to receive a vessel permit is immediately ending overfishing is 35-percent mortality reduction target for reasonable. Another comment indicated approximately 77 percent according to dusky sharks when the 2011 stock that misidentification and lack of data the results of the final 2016 stock assessment recommended a 58-percent are the underlying issues facing the assessment update. decrease relative to 2009 levels. rebuilding of dusky sharks, and both of Comment 26: One commenter Response: The mortality reduction these can be properly and sufficiently specifically called for an ACL that will targets changed after the 2016 addressed through a comprehensive achieve at least a 50-percent reduction assessment update and, as described in HMS shark endorsement program (as in dusky shark fishing mortality across the response to Comment 25, NMFS has outlined in Alternative A2) with online all fisheries to ensure a 70-percent determined that Amendment 5b education modules during issuance and probability of successfully rebuilding by measures should reduce dusky shark renewal of the endorsement. The 2107, as designated by the U-Shaped mortality by 35 percent to end commenter suggested that the quiz mortality scenario described in the DEIS overfishing and rebuild the stock should focus on prohibited species and the recent SEDAR 21 stock consistent with the most recent identification (specifically dusky, assessment update. Another commenter assessment update. sandbar, or ridgeback sharks), best suggested that only an 8-percent As detailed in Chapter 1, the 2011 practices for safe handling interaction, reduction in fishing mortality is SEDAR 21 dusky shark stock assessment and a cooperative data collection necessary because the U-shaped used data through 2009. After finalizing initiative through reporting that stock assessment and beginning mortality scenario F/FMSY is only 1.08. requirements. The commenter felt that rulemaking to implement a rebuilding Response: NMFS acknowledges that cooperatively increasing fisherman plan for dusky sharks, it became the 2016 stock assessment update knowledge and understanding of apparent that management measures provided five different model runs, all resource interactions allows for implemented after 2008 in HMS of which represent plausible states of responsible management while also fisheries (e.g., measures in Amendment nature for the dusky shark stock, creating a sense of responsibility and 2) had reduced dusky shark interactions consistent with the SEDAR 21 stewardship of the resource. Lastly, and mortality. Furthermore, fishery- benchmark assessment. However, as another commenter noted that most described in the assessment documents independent abundance indices anglers who have the time, resources, and Section 1.2 of the FEIS, there is no prepared for the ESA status review and knowledge to fish offshore already scientific basis to select one model run showed increasing dusky shark know how to properly identify a fish over another. Therefore, consistent with population trends. Consequently, the before harvesting it. the approach used in comparable Agency prioritized an update to the situations in other stock assessments, a SEDAR 21 dusky shark stock Response: NMFS recognizes that the multi-model inference was made using assessment, using data through 2015, to shark identification and regulations quiz the results of the median model. In this incorporate recent management changes accompanying the proposed shark case, the U-shaped Natural Mortality and updated fishery-independent endorsement represents a novel measure model run recommends a 53-percent indices. The SEDAR 21 dusky shark in the realm of marine recreational reduction in mortality to achieve a 70- stock assessment update found that fisheries; however, it is by no means percent probability of rebuilding by while the stock is still overfished and unprecedented in the realm of 2107. As described in the response to experiencing overfishing, the stock conservation management. As one of the Comment 25 above, use of a 50-percent status was healthier than shown in the supporting commenters noted, hunters probability of rebuilding is warranted in original SEDAR 21 assessment. in the State of Florida are required to this case. Therefore, NMFS has take hunter safety classes that include a D. Shark Endorsement, Training, determined that the best available bird identification section, and similar Species Identification, and Outreach scientific information supports the use hunter safety courses are required in of the median model and a mortality Comment 28: NMFS received almost all states. Compared to hunter reduction associated with a 50-percent numerous comments in support of the safety courses, which historically could probability of rebuilding by the deadline shark endorsement (Alternative A2), last an entire day or more, the proposed (i.e., 35 percent). Furthermore, there is including from the South Atlantic shark identification and regulations no acceptable ACL associated with Fishery Management Council (SAFMC), training course and quiz will place achieving any of the mortality and the States of North Carolina, South minimal burden on recreational anglers reductions presented in the stock Carolina, and Texas. NMFS received as it is intended to take only a few assessment update, as described in comments expressing concerns and minutes to complete, while still Section 1.2 of the FEIS. The ACL for the recommendations regarding the shark conveying the necessary information in prohibited shark complex is zero, and identification and training quiz. The an efficient manner. The quiz will focus this action is reducing mortality on State of Mississippi commented that on dusky shark conservation to more dusky sharks using other measures since shark species misidentification is not a effectively meet sustainability goals. there are insufficient data to quantify problem in Mississippi waters. One Additionally, many commercial catch or TACs with any certainty. comment stated that a test to obtain a fishermen that pursue HMS fisheries Finally, NMFS disagrees that under the permit was unheard of in salt and have long been required to take U-shaped mortality scenario, only an 8 freshwater fishing and many fishermen extensive training workshops on the percent mortality reduction is needed. may decide simply not to fish for sharks identification and safe release of An 8-percent mortality reduction may to avoid the burden of the online course. protected species that can take a full day end overfishing, but would not rebuild Another commenter noted that because to complete. NMFS has identified

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accidental landings due to Federal waters will be required to obtain shark populations to improve data misidentification as one of the primary a shark endorsement along with their reliability in the recreational sector. sources of dusky shark mortality in the Atlantic HMS Angling or Charter/ Response: As described in Chapter 2 recreational fishery. NMFS considered Headboat permit. Once the angler has a (under Alternatives Considered but Not several alternatives to address this Federal permit, as a condition of that Further Analyzed), NMFS is not problem including drastically increasing permit, the angler must abide by the planning to include reporting the minimum size for sharks and Federal regulations, regardless of where requirements as part of the initial making the recreational shark fishery they are fishing, including in state implementation of the shark catch-and-release only. Both of these waters, unless the state has more endorsement, which could result in alternatives will have been assured to restrictive regulations, as specified in duplicative data collection efforts in largely end accidental landings of dusky the Final Fishery Management Plan for recreational fisheries (e.g., MRIP, the sharks in Federal waters, but will have Atlantic Tunas, Swordfish, and Sharks Large Pelagics Survey (LPS)). However, had a far greater impact on the (64 FR 29090; May 28, 1999). HMS NMFS is hopeful that the endorsement recreational fishery while doing far less permit holders have been required to can serve as a framework for improving to target the underlying issue of follow federal requirements in state the sampling of recreational anglers that misidentification. As such, NMFS waters as a condition of obtaining a target sharks for surveys like those decided to prefer the more targeted federal permit since 1999 for conducted by MRIP. How well this approach of education and commercial permit holders and since works will depend on what percentage communication that could be provided 2006 for recreational permit holders. As of HMS anglers acquire the by the shark identification and explained in the FEIS for the 2006 endorsement. The more HMS permit regulation training course and quiz. Consolidated HMS Fishery Management holders that acquire the endorsement, NMFS realizes that many recreational Plan, the previous differing the less of a targeted sample it would HMS anglers already know how to requirements between state and Federal provide compared to the existing HMS identify HMS species, including dusky regulations and the inability to verify Angling and Charter/Headboat permits. sharks, and are familiar with HMS whether or not a particular fish onboard However, this is counterbalanced by the regulations. However, NMFS cannot be a vessel was caught in state waters or fact that the more anglers getting the assured of getting the necessary Federal waters generated confusion for endorsement means the more anglers information to those anglers who need the federal permit holders. The states that will be receiving the targeted it without requiring it of all Federal have been previously consulted on these outreach and education materials on water anglers that wish to target and Federal permit conditions, and are shark identification, safe handling, and land sharks. regularly consulted on all HMS shark fishing regulations, and the more Comment 29: NMFS received a management plan amendments. anglers would then provide the correct comment from the State of South shark identification when responding to Comment 30: NMFS received a Carolina which noted that they do not surveys. comment that supported the shark oppose the requirement for the shark As for the suggestion to include a endorsement and suggested that NMFS endorsement for HMS permit holders reporting requirement in conjunction implement the shark endorsement in fishing in Federal waters, but stated that with the shark endorsement, HMS non-HMS recreational fisheries that NMFS needs to remove the phrase permit holders are already required to interact with sharks as well. ‘‘fishing for sharks recreationally’’ to report their catches and landings when make it clear that the endorsement is Response: NMFS only has authority to intercepted by NMFS catch and effort needed to land sharks caught in Federal manage shark fisheries in Federal surveys like MRIP and the LPS. At this waters whether the angler in question waters, and any recreational angler time, NMFS is not planning to require was targeting sharks or not. The State of fishing in Federal waters of the Atlantic, any additional reporting requirements South Carolina Department of Natural Gulf of Mexico, or Caribbean that similar to the requirements for billfish, Resources (South Carolina DNR) also wishes to retain sharks must possess an bluefin tuna, and swordfish. The stated that the proposed shark Atlantic HMS Angling or Charter/ mandatory reporting requirement for endorsement is in direct conflict with Headboat permit. As such, all most of these species is only to report South Carolina law Section 50–5–2725 recreational anglers that fish in Federal fish that are landed (bluefin tuna because permits are not required for the waters of the Atlantic will be required reporting also includes dead discards), possession of sharks in South Carolina to obtain the shark endorsement to and because landing dusky sharks is state waters. South Carolina DNR stated retain sharks. Individual states and the prohibited, any similar reporting that, therefore, South Carolina would Regional Fisheries Management requirement for sharks should not not enforce this final rule in its state Commissions and Councils have the provide data on dusky catches. NMFS is waters. option to require Atlantic HMS permits also reluctant to require reporting on Response: This final rule does not of anglers fishing in state waters or for released sharks as the agency does not conflict with or preempt any state non-HMS, but the authority to do so lies have the authority to extend the regulations, nor does it place any with them and not NMFS. As stated requirement to state water anglers who enforcement requirements on states. above, once the angler has a Federal are responsible for a significant portion Recreational shark anglers fishing permit, as a condition of that permit, the of recreational catches and landings for exclusively in state waters will not be angler must abide by the Federal most shark species. This is not a required to obtain the shark regulations, regardless of where they are concern with other HMS with endorsement just as they are not fishing, including in state waters, unless mandatory reporting requirements as required to obtain an Atlantic HMS the state has more restrictive NMFS manages bluefin tuna to the Angling or Charter/Headboat permit, regulations. shore, and billfish and swordfish are and states need not enforce Federal Comment 31: Commenters stated that very rarely caught in state waters. NMFS regulations against shark anglers who do NMFS should include a reporting is also in the process of reviewing the not hold Federal permits. However, requirement as part of the shark needs of MRIP and the LPS as part of those recreational shark anglers that endorsement for all shark landing or the Regional MRIP Implementation wish to target, retain, and land sharks in develop a sampling protocol to survey Plan. As part of that review, NMFS is

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considering what, if any changes, are endorsement while also being the ones fishermen may choose to get the shark needed to improve recreational most likely to opt not to obtain it if it endorsement regardless of whether they estimates of shark harvest. required paying an additional fee. As intend to target sharks ‘‘just in case.’’ Comment 32: NMFS received such, NMFS believes the benefits of the Providing information on the number of comments requesting an option to shark endorsement to dusky shark sharks caught in the previous year cancel the shark endorsement for conservation will be maximized if a fee would allow NMFS to have a more fishermen when they are not fishing for is not charged. Furthermore, NMFS does accurate representation of the universe sharks or sharks are not in their area. not see a need to limit entry into the of fishermen targeting sharks in any Other commenters expressed concern recreational shark fishery to promote given year. that providing an option for cancelling dusky shark conservation as they are not Response: Asking shark anglers to the shark endorsement throughout the a target species, but are only caught recall the number sharks they have year would create confusion as to who incidentally. caught in the previous year as part of and when fishermen could retain/land Comment 34: NMFS received the shark endorsement would result in sharks during a given year. numerous comments regarding the highly inaccurate responses given the Response: NMFS believes the demand online shark identification and training long length of the recall period (12 for the option to drop the shark course. One commenter noted that the months). None of the current MRIP endorsement will be largely negated by online quiz should be short and quick, surveys use recall periods of anywhere the new circle hook alternative (A6d) and specifically address dusky sharks. near this length with most using recall that requires endorsement holders to Another commenter felt that the shark periods of only two months. This use circle hooks only when fishing for identification quiz should focus on measure is not considered reasonable sharks, as opposed to the previously prohibited species identification, and because it would be duplicative with preferred alternative (A6a), which best practices for safe handling. To existing recreational fishery data required the use of circle hooks improve and evaluate the effectiveness collection efforts (e.g., MRIP, LPS) and whenever fishing with wire or heavy of the shark endorsement, one would not meet the primary objectives monofilament or fluorocarbon leader, as commenter recommended that of this amendment (i.e., ending the new preferred alternative removes implementation of the endorsement and overfishing and rebuilding dusky any potential conflicts with non-shark online training course follow key sharks). Furthermore, the collection of fisheries. If sharks are to be retained, principles for effective e-learning, and such data would likely be inaccurate circle hooks must be used, regardless of include an evaluation component to and difficult, if not impossible, to verify bait or gear configuration (with the assess its effectiveness at educating as anglers would need to remember all exception of artificial lures and flies). permit holders. This commenter trips and catches from the previous NMFS will still provide the option for submitted detailed information on how year. Existing data collection efforts, anglers to drop the shark endorsement to approach and evaluate adult learning while still flawed, produce better catch if they so desire. in online training. and effort estimates than collection of Comment 33: NMFS received a Response: In the interest of such information once a year when comment from the SAFMC suggesting minimizing burden to the angling someone is applying for a permit. that NMFS include a small fee for the public, NMFS intends to keep the shark Additionally, creation of this type of shark endorsement to provide a minor endorsement short and targeted. It will data collection would likely be costly in barrier to entry. The comment noted focus on key recreational shark fishing terms of the data management that the fee would assist with defining regulations (minimum size limits, bag infrastructure needed, and the data the universe of fishermen actually limits, and circle hooks), and key management clearances required for the targeting sharks, and thus improve the identifying characteristics of prohibited collection could delay implementation ability of the shark endorsement to shark species such as the interdorsal of this action, which is needed to end provide a targeted sampling frame for ridge. More detailed information on overfishing on dusky sharks. NMFS is shark anglers. Other commenters stated shark identification and safe handling currently looking at ways to improve that there should not be an extra fee for techniques will be distributed to shark MRIP and LPS data collection surveys the shark endorsement because the HMS endorsement holders through targeted for all HMS as part of its regional MRIP Angling Permit already has a fee. outreach materials that the angler can implementation plan. Any changes as a Response: NMFS has considered the keep on hand for future reference. result of those data collection methods possibility of charging a separate fee for NMFS greatly appreciates the would result in more reliable the shark endorsement, but has opted information and literature one recreational data than a once-a-year not to take that direction at this time as commenter provided on adult learning collection of information when people it does not represent a standalone and online training. NMFS will strive to are applying for the shark endorsement. permit. Additionally, NMFS does not apply adult learning principles in the Comment 36: NMFS received a want to unduly discourage permit design of the shark endorsement comment from the SAFMC which noted holders from receiving the endorsement training and quiz. NMFS intends the that when applying for the shark as the primary goal of the endorsement shark endorsement quiz to be an endorsement, NMFS should make it is to facilitate education and outreach adaptive tool that will be evaluated on clear that those fishermen holding the on shark identification, safe handling, a regular basis to determine which endorsement would need to use circle and fishing regulations while using the questions provide the most educational hooks in certain situations and that endorsement as a sample frame for data benefit, what topics require the most sharks caught incidentally on J-hooks collection is only a secondary benefit. targeted outreach, and how the training would need to be released. Furthermore, it is generally agreed that course can be improved. Additionally, the SAFMC noted, when those anglers and charter/headboat Comment 35: NMFS received a presented with the option to apply for captains that do not regularly target comment requesting that all applicants the endorsement, NMFS should clearly sharks, and are more likely to only applying for the shark endorsement be inform fishermen that, without the interact with a sharks incidentally, are asked to provide an estimated number endorsement, sharks cannot be retained. the ones that will most benefit from the of sharks caught in the previous year. Response: NMFS agrees with the educational aspects of the shark The comment noted that many SAFMC’s comment that it is important

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to make it clear to anglers applying for a consistent problem and driver of campaign on shark identification and the shark endorsement that circle hooks overfishing in non-shark HMS fisheries. fishing regulations. This will include will be required when fishing for sharks, As such, NMFS believes that a more updating the existing shark that sharks incidentally caught on J- targeted course on shark identification identification placard, and developing hooks will need to be released, and that and regulations will be more likely to dusky shark specific educational the shark endorsement will be required achieve the goals of this action. materials that will be distributed at to retain sharks caught in Federal Comment 39: NMFS received locations that anglers frequent, such as waters. All of these issues will be numerous comments from recreational tournaments or bait shops, and to highlighted during the permit fishermen regarding the impact of the individuals that acquire the shark application process and shark shark endorsement on data collection. endorsement. NMFS does not plan to endorsement quiz. One commenter noted the shark print the shark identification guide Comment 37: NMFS received endorsement would provide a better directly on the HMS Angling permit at comments suggesting shark fishermen or estimate of recreational shark fishermen this time as this would substantially all HMS permitted vessels be required and increase the confidence in MRIP increase the size of the permit. to carry a shark identification placard shark catch estimates. Other Furthermore, NMFS has received (Alternative A3) instead of taking the commenters were concerned that the numerous anecdotal accounts that online quiz to receive the shark shark endorsement would lead to anglers rarely read their permits and endorsement. inflated shark catch estimates, further disseminating information through Response: NMFS considered requiring noting that most HMS anglers would permits may not be effective. HMS permitted vessels to carry a shark choose to get the endorsement, Comment 41: NMFS received a identification placard in alternative A3. regardless of whether they plan to target comment expressing concern regarding NMFS did not prefer this alternative sharks in order to keep the option for the impact the proposed dusky because while anglers could be required shark fishing open. Additionally, one measures will have on charter or to carry a placard that, if used, might commenter felt that the shark recreational fishing vessels that fish for help identify dusky and other sharks, endorsement benefit would be both sharks and tuna on the same trip. ensuring that anglers reference the minimized by the fact that HMS permits In New England, most sharks are caught material would be difficult. NMFS feels are vessel-based; therefore, the permit incidentally when fishing for other that Alternative A3 will provide for a holder, rather than the individuals pelagic species, particularly tuna. The more passive learning experience and fishing, would be reporting. comment noted that combined tuna and does not provide feedback to the angler Response: NMFS expects that the shark trips are critical for charter fishing like the online shark endorsement quiz endorsement can serve as a framework businesses and anglers should be in Alternative A2. However, as part of for improving the sampling of allowed to fish for both species in the the outreach and education campaign recreational anglers that target sharks for same day with the same permit. described in Alternative A2, NMFS MRIP surveys like the LPS. NMFS Response: None of the provisions in intends to provide additional outreach recognizes that the more HMS permit Amendment 5b are intended to prohibit materials, in addition to the placard, holders that acquire the endorsement, anglers from pursuing sharks and other that anglers could use as a reference the less of a targeted sample it would HMS during the same fishing trip. An after taking the quiz. provide compared to the existing HMS angler possessing a shark endorsement Comment 38: NMFS received a Angling and Charter/Headboat permits; is not prohibited from fishing for other comment requesting that NMFS require however, this should not result in HMS when appropriately permitted to all HMS recreational permit applicants inflated estimates of sharks caught in do so and consistent with requirements. participate in a broader training course Federal waters. The HMS Angling and Permit holders wishing to retain sharks encompassing regulations on all HMS Charter/Headboat permit lists are will be required to use circle hooks to recreational fisheries including sharks. already used as sampling frames for the fish for sharks, unless they are fishing The comment noted that the HMS LPS and the For-Hire Survey, which in New England waters north of permit should be issued on completion provide estimates of shark fishing effort 41°43′ N. latitude, or are fishing with of the training course. and landings by HMS permit holders. If flies or artificial lures. This boundary Response: The purpose of this action all HMS permit holders obtain the shark line for the circle hook requirement was is to address the specific issue of ending endorsement, then the survey sampling added to the new preferred Alternative overfishing of dusky sharks in the frames would remain the same, and the A6d to eliminate any impacts to the Atlantic, and no additional benefit to resulting estimates should be largely HMS recreational fishery outside of the dusky sharks would likely occur as a unchanged. However, the fact that HMS dusky sharks’ known range. The result of the broader training course permits, and thus the shark exception for flies and artificial lures suggested by the commenter. Rather, the endorsement, are vessel-based permits was added because NMFS heard from commenter’s suggestion was aimed at will limit its usefulness as a sampling commenters, including the State of improving angler knowledge of all HMS frame for other MRIP surveys that are Florida and the SAFMC, concerned that identification and recreational fishing not vessel based, but instead target fly fishing for sharks could regulations, which has not proven to be individual anglers. inadvertently be impacted by the a significant issue. Using this action to Comment 40: NMFS received requirement to use circle hooks when require all anglers applying for an HMS comments suggesting that NMFS update targeting sharks with natural bait. permit to take a broad training course on the shark identification placard to Although not widely done at this time, HMS fisheries regulations and species include information for dusky sharks. some fishermen target sharks with fly identification to address a minor issue Other commenters felt that a dusky fishing gear, usually with J-hooks. that is not targeted exclusively toward shark identification guide should be NMFS does not know of instances ending overfishing of and rebuilding printed directly on the HMS Angling where cut or whole bait is used when dusky sharks is beyond the scope of this permit. fly fishing for sharks, but it is common action. While such a training course Response: In addition to the shark for the terminal fly to include natural might be beneficial, issues of species endorsement, NMFS will be conducting components such as bird feathers. misidentification have not proven to be an extensive outreach and education Furthermore, it is well known by

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anglers, and verified by research, that of the requirement as it relates to while 97 percent of sharks that were artificial lures and flies rarely gut hook reaching a 35-percent reduction in hooked superficially (mouth or jaw) sharks or other fish species, and are mortality given the inconsistency of were released healthy and with no much less likely to do the type of tissue study results between different species apparent trauma. Therefore, assuming or organ damage that leads to post- of sharks. Additionally, NMFS received that deep hooking in dusky sharks release mortality. For these reasons, in a comment that noted that Amendment results in comparable post-release the final action, NMFS has preferred to 5b lacks sufficient quantitative analysis mortality rates to those of blue sharks specifically exempt shark fishermen on how the circle hook requirement (96 percent), converting recreational using flies and artificial lures from the would achieve mortality reduction. shark fisheries from J-hooks to circle circle hook requirement. Some commenters felt the circle hook hooks should reduce the mortality rate Comment 42: NMFS received requirement would negatively impact of hooked dusky sharks by 63 percent comments suggesting the need for fishermen targeting other species and ((17.5%¥6.0%/17.5%) * 96% = 63%). cooperation between the Agency, States, cause economic hardships while being By requiring circle hooks for shark and Councils to ensure that outreach unenforceable. Other commenters felt fishing in the recreational fishery, dusky materials reach recreational state water that little scientific evidence exists to sharks that are inadvertently caught in fishermen. Commenters noted that support the mandatory use of circle the recreational fishery would be more recreational state-water fishermen have hooks while some commenters noted easily released in better condition, a high likelihood of misidentifying that circle hooks are designed not to reducing dead discards and post-release sharks. Furthermore, commenters noted hook anything until they find a hard mortality. While additional studies, recreational state-water fishermen in the edge, reducing the chances of hooking including on the use of barbless J-hooks, State of North Carolina potentially are internal soft tissue, and would be are always helpful, the existing interacting with dusky and sandbar beneficial for sharks. Commenters literature supports a circle hook sharks depending on time of year and further noted that more research is requirement in the recreational shark weather. The EPA also recommended needed on the use of circle, J, and fishery to reduce dusky shark mortality. that NMFS provide incentives to barbless J-hooks. The EPA commented As suggested by the EPA, NMFS intends tournament organizers, fishery that NMFS should provide incentives to broad-scale outreach across a number of associations, etc., to encourage and tournament operators, fishery fishing organizations to inform the enlist their participation in increasing associations, etc., to encourage and affected public about new management fishermen’s awareness of prohibited enlist their participation in advocating measures and the dusky shark shark species identification and for recreational fishermen’s use of circle sustainability concerns. regulations. hooks by all Atlantic HMS permit Comment 44: NMFS received a large Response: NMFS is aware that holders participating in fishing tournament anglers and anglers that fish volume of comments expressing tournaments when targeting or retaining exclusively in state waters make up a concern over the proposed definition of sharks. portion of the recreational shark fishery, shark fishing for purposes of and are likely interacting with dusky Response: Circle hooks provide applicability of the circle hook and sandbar sharks depending on their demonstrably positive benefits to dusky requirement in the alternative preferred region and time of year and weather. As sharks caught and released in the in the draft Amendment (A6a). such, NMFS fully intends to work with recreational shark fishery. While post- Commenters, including the States of the state agencies, commissions, release survival is important for the Florida and North Carolina, noted that councils, and shark tournament stock health of most species, it can be the proposed language would have the organizers to ensure that shark particularly important for prohibited effect of including fishing in multiple educational and outreach materials species because post-release mortality is non-shark recreational fisheries such as reach all of these anglers. NMFS will be the primary source of fishing mortality swordfish deep dropping and trolling developing a detailed outreach plan for for the stock. As such, ensuring that for billfish, tuna, wahoo, and mackerels. dusky shark conservation efforts that dusky sharks are released in a condition The proposed measure required that will identify points of contact at state that maximizes survival is an important circle hooks be used by everyone who agencies, fishery management councils, way to reduce fishing mortality. Most has the shark endorsement and who and major shark fishing tournaments evidence suggests that circle hooks fishes with the specified natural bait/ with a particular focus on those regions reduce shark at-vessel and post-release gear configuration. The State of South where dusky shark interactions are most mortality rates without reducing Carolina opposed Alternative A6a as common. Outreach efforts by NMFS will catchability compared to J-hooks, originally proposed, as it would place a also target recreational fishing although it varies by species, gear significant burden on fishermen not publications that cater to shark anglers. configuration, bait, and other factors. fishing for sharks but who opt to get the Willey et al. (2016) found that 3 percent endorsement in case they want to land E. Alternative A6—Circle Hooks in the of sharks caught recreationally with a bycaught shark, specifically impacting Recreational Fishery circle hooks were deep hooked while 6 fishermen trolling offshore for dolphin, Comment 43: NMFS received various percent caught on J-hooks were deep wahoo, and tuna. Commenters comments regarding the proposed circle hooked. A more detailed examination of suggested that NMFS remove the hook measure’s potential to achieve these data provided to NMFS by Willey definition of shark fishing as it relates mortality reductions. Some commenters et al. indicated even greater positive to applicability of the measure to avoid felt that circle hooks would reduce the impacts specific to dusky sharks, potential conflicts with other fisheries. chance of gut hooking and increase the showing a deep-hooking rate of 6 Additionally, NMFS received chance of post-release survival for percent for circle hooks and 17.5 comments, including from the SAFMC dusky sharks, consistent with our percent for J-hooks in dusky sharks and the State of Texas that suggested the analyses in the draft Amendment. Other (N=230); a reduction of 66 percent. shark fishing definition should apply to commenters support the circle hook Campana et al. (2009) observed that 96 all recreational fishermen targeting requirement for recreational shark percent of blue sharks that were deep sharks, instead of all fishermen using fisheries but question the effectiveness hooked were severely injured or dead wire, or heavy monofilament or

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fluorocarbon leaders, and natural baits retained on a circle hook or using an exemption to the circle hook and that doing so would minimize artificial lure or flies. requirement for sharks caught while impacts of the measure and its attendant Chumming and large chunks of cut trolling. Allowing the retention of costs on non-shark fisheries. bait were excluded from the definition sharks caught on J-hooks introduces a Furthermore, NMFS received comments of shark fishing in the proposed rule/ loophole in the circle hook requirement stating that a better definition of shark Draft Amendment because neither are and is counterproductive to NMFS’ fishing for the circle hook requirement used in all shark fishing trips, both are intention to reduce dusky shark would include chumming activities, used in many other marine recreational mortality. If a fisherman wishes to retain large chunks of cut natural bait (dead or fisheries, and their inclusion would sharks caught on J-hooks, they could alive), wire greater than #9 gauge, have effectively limited enforcement of simply contend that they were multistrand cable, or monofilament the circle hook requirement to when ‘‘trolling.’’ NMFS’ concern is that the leaders greater than 2.0 mm, activities fishing activity was directly observed on only way for enforcement officers to that were excluded from the previous the water. Additionally, what know a shark was caught while trolling definition’s approach. constitutes a large chunk of cut bait can would be to witness the catch as it NMFS received a comment suggesting vary considerably depending on the happens. Conversely, an enforcement that using hook size as an indicator of target species, including among officer intercepting an angler landing a shark fishing, as proposed in another different species of sharks. shark at the dock would have no way of non-preferred alternative (Alternative Alternatively, wire greater than #9 knowing if the shark was caught while A6b), would be complicated and gauge, multistrand cable, and trolling or using another fishing method. ineffective. The comment noted that monofilament leaders greater than 2.0 Comment 46: NMFS received several determining specific hook size mm all fell within the leader comments, including from the SAFMC, requirements would be difficult given requirement within the definition of and the States of Florida, South differences between manufacturers, shark fishing under Alternative 6a, and Carolina, and North Carolina, suggesting especially regarding a multi-species comment was requested on the specific NMFS define the type of circle hook fishery. NMFS also received comments leader weight definitions. However, (e.g., non-offset, non-stainless steel) from the State of Florida and the given the general opposition to the required for Alternative A6a; SAFMC requesting recreational leader requirement, and the definition specifically, the SAFMC and the States fishermen using flies with natural of shark fishing, it was determined that of Florida and North Carolina suggested components (i.e., hair, feathers) be another course of action was preferable that NMFS specify the use of non-offset exempted from the natural bait to modifying the leader requirements for and non-stainless steel circle hooks. definition. using circle hooks. NMFS heard from Response: NMFS agrees that it would Response: NMFS agrees that commenters, including the State of be more effective to specify that non- definition of shark fishing proposed in Florida and the SAFMC, concerned that offset, non-stainless steel circle hooks the DEIS and proposed rule would fly fishing for sharks could are required. These hooks reduce the sometimes impact other types of non- unnecessarily be impacted by the chance of damaging the gut track of shark fishing. It is not NMFS’ intention requirement to use circle hooks sharks if swallowed, and because they to impose circle hook requirements on whenever recreationally fishing for are corrodible, will deteriorate and fall non-shark fisheries because those sharks. Although not widely done at out of the jaw of the shark if left in. fisheries rarely interact with dusky this time, some fishermen target sharks These two features will reduce post- sharks. For these reasons, NMFS with fly fishing gear or artificial lures, release mortality of dusky sharks. modified the circle hook requirement, usually with J-hooks. NMFS is Additionally, non-offset circle hooks are presented as Alternative A6d. Under providing an exemption for artificial also currently required to be used in this new preferred alternative, instead of lures and flies from the circle hook billfish tournaments, and the South requiring circle hooks when a specified requirement. Such lures, which mostly Atlantic snapper/grouper fishery, which gear configuration is used (e.g., strong use J-hooks, are fished actively, meaning also requires the use of non-stainless leaders and natural bait, or the non- that sharks don’t have an opportunity to steel hooks. For these reasons, the circle preferred option of hook size and swallow the hook, and are therefore hook measure for recreational fishing natural bait), circle hooks will be mostly hooked in the mouth. There is has been clarified to require non-offset, required on any fishing line deployed to no evidence that artificial lures or flies non-stainless steel circle hooks to target sharks, unless artificial lures or frequently cause gut-hooking and maximize reductions in post-release flies are used since artificial lures and associated post-release mortality mortality, and to be consistent with flies rarely result in gut-hooking. With (Muoneke and Childress, 1994; circle hook requirements in other this alternative, NMFS broadly requires Brownscombe et al., 2017). For this recreational fisheries. circle hooks for all recreational shark reason, in the final action, NMFS has Comment 47: NMFS received fishing within a defined geographical preferred to specifically exempt shark comments from the SAFMC and the boundary unless fishing with artificial fishermen using flies and artificial lures State of North Carolina supporting the lures or flies, as discussed below), rather from the circle hook requirement. requirement of circle hooks in shark than more narrowly when shark fishing Comment 45: The State of South fishing tournaments (Alternative A6c). with a particular gear/bait configuration. Carolina suggested that NMFS exempt Response: NMFS agrees that circle This measure ensures that all fishermen trolling from the circle hook hook use in shark fishing tournaments recreational shark fishing is included requirement as the conservation benefit will be beneficial for dusky sharks for (except when fishing with artificial is unclear. NMFS also received the same reasons they are beneficial in lures or flies) in the circle hook comment that when trolling for tunas, the greater recreational shark fishery. requirement while avoiding the sharks will sometimes get hooked in the Under Alternative A6d, fishermen unintended effect of requiring circle lip when depredating the tuna catch. fishing for sharks recreationally will be hook use in non-shark fisheries. Within The commenter felt these sharks should required to get a shark endorsement and the defined geographical boundary, be able to be retained. will be required to use circle hooks shark possession and landing will still Response: NMFS has decided, due to when fishing for sharks whether they be prohibited if the shark was not enforcement issues, not to include an are fishing in a tournament or not,

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except when using flies or artificial The commenters stated that at times Response: NMFS agrees that measures lures. Requiring circle hooks in the fishermen may have multiple lines to reduce dusky shark mortality would greater recreational shark fishery, rather deployed, and only some of those lines have little utility in areas beyond dusky than only in shark tournaments, are specifically targeting sharks. sharks’ range. For Alternative A6d, provides a greater conservation benefit Response: Under the new circle hook NMFS undertook an analysis of for dusky sharks. alternative (A6d), HMS permit holders available data to determine the northern Comment 48: NMFS received a will only be required to use circle hooks extent of the dusky shark range. Based comment from the State of North when fishing for sharks, and this can be on the analysis, NMFS has determined Carolina requesting that circle hooks not determined by the angler on a line-by- that, at this time, dusky sharks are not be required to retain, possess, or land line basis. Circle hooks are required for found north of 41°43′ N. latitude, sharks if an angler catches a shark when any line that is targeting sharks. Anglers located around the southeastern edge of targeting non-shark species. The will be required to release any sharks Cape Cod. Although fishermen fishing comment noted that allowing the incidentally caught on lines with J- for and retaining sharks north of this retention of incidentally caught sharks hooks targeting other species. As such, line will need to obtain a shark would prevent dead discards. HMS anglers will have to weigh their endorsement, shark fishermen will not Response: While NMFS can desire to use J-hooks against their desire need to use circle hooks. This line is understand why it would appear to retain incidentally-caught sharks, and somewhat north of some suggestions; desirable to allow anglers to retain make their hook choices accordingly. however, the line was placed in a sharks incidentally caught on J-hooks, Comment 51: NMFS received a location to ensure that all dusky sharks the agency is concerned that doing so comment requesting the requirement of caught in the recreational shark fishery would undermine the enforcement of barbless J-hooks instead of circle hooks are given the best odds of post-release the circle hook requirement when for recreational fishermen. survival. Dusky shark distribution will targeting sharks. If shark anglers were Response: While NMFS encourages be examined periodically, and if the permitted to land sharks incidentally anglers to use barbless hooks, which can dusky shark’s range expands northward caught on J-hooks, they could continue allow easier releases, be they circle or J- (e.g., as a result of climate change or as to fish exclusively with J-hooks and hooks, NMFS does not have information result of the species rebuilding), the simply claim any shark they catch was indicating that barbless J-hooks provide boundary line may be moved in a future caught incidentally. As such, NMFS has better conservation benefits for sharks regulatory action. determined that requiring the release of than do circle hooks. While barbless J- Comment 53: NMFS received all sharks caught on J-hooks is essential hooks could certainly be removed from comments suggesting that the economic to the enforcement of the circle hook a shark’s jaw with less damage than a impact of the proposed dusky measures requirement. circle hook, barbless J-hooks would still for New England recreational, Charter/ Comment 49: NMFS received have a higher probability of deep Headboat, or Atlantic tunas General comments suggesting that the circle hooking, which is the larger concern for category permit holders were not hook requirement be extended to all post-release mortality of incidentally considered. Requiring the release of HMS recreational fisheries to reduce caught dusky sharks. As such, NMFS mako sharks incidentally caught on J- post-release mortality in all HMS does not believe a requirement to use hooks would further negatively impact fisheries. barbless J-hooks would accomplish the these permit holders. Response: The goal of Amendment 5b objectives of this action. Response: NMFS fully analyzed the is to end overfishing of the dusky shark Comment 52: NMFS received several economic impacts (refer to Chapters 4– stock, and requiring the use of circle comments, including from the 7 of the FEIS) and concluded that it hooks when fishing for all tunas, Commonwealth of Massachusetts, expects the economic impacts of the billfish, or swordfish would not opposing the circle hook requirement in circle hook requirement to be minimal. accomplish this goal. Furthermore, New England offshore waters given the Sharks that are incidentally caught are while there is evidence that circle hooks rare seasonal occurrence of dusky by definition not the primary target are effective in reducing dusky shark sharks in the region. The commenters species of the trip, and thus should not post-release mortality, not all studies stated that tournament catch data be a major driving decision in a charter have conclusively found that circle collected in Massachusetts from 1987– client’s decision to go on the trip. hooks significantly reduce post-release 2014 indicated low dusky interactions However, to further minimize the mortality for all HMS species across all off Massachusetts with the majority of potential impacts outside of the dusky HMS recreational fisheries. Also, NMFS shark catch consisting of blue, shortfin shark’s range, NMFS has revised the heard during the public comment mako, and common thresher sharks. alternative so that it will exempt anglers period that circle hooks are not Additionally, commenters noted studies fishing north of 41°43′ N. latitude from appropriate for all fishing styles (e.g., that suggest a lack of evidence for having to use circle hooks to land deep drop fishing or trolling). While reducing deep-hooking of shark species sharks. This line marks the NMFS encourages anglers to adopt the commonly caught in New England northernmost range of the dusky shark use of circle hooks in a manner that waters such as shortfin mako sharks, based on the best available fishery appropriately contributes to the needed thresher sharks, and porbeagle sharks. independent data. HMS permit holders mortality reduction for dusky sharks, Commenters, including the fishing north of this line will be the Agency also recognizes that data and Commonwealth of Massachusetts, permitted to land sharks caught on J- the conservation goals of the current requested that NMFS set a demarcation hooks and will not be required to use action do not warrant a blanket line if the circle hook requirement is circle hooks when targeting sharks. extension of the circle hook requirement implemented. Some commenters noted Comment 54: NMFS received to all HMS recreational fisheries at this a demarcation line in the vicinity of comments suggesting that an exemption time. Shinnecock, NY (40°50′25″ N.) to the circle hook requirement be made Comment 50: NMFS received extending to the east. Additionally, the for shortfin mako and thresher sharks. comments requesting that circle hooks Commonwealth of Massachusetts noted The comments noted that these species only be required on the lines targeting a demarcation line extending southeast are occasionally caught incidentally sharks, not all lines that are deployed. from the eastern tip of Long Island, NY. while trolling for other species with J-

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hooks and, although not targeted with J- status quo and not create new and smalltooth sawfish, as well as hooks, are retained because they are a specifications or require new gear information for sea turtles and marine ‘‘trophy’’ catch. regarding the release of sharks. mammals, as proxies for estimating Response: As mentioned in previous Fishermen currently have safe handling mortality reductions, because that comment responses, NMFS has and release protocols, they attend safe currently represents the best available modified its circle hook alternative to handling and release workshops on a scientific information. exempt shark anglers from the regular basis, and they carry the Comment 58: In regard to the requirement to use circle hooks in New necessary gear on the fishing vessel to requirement to use dehooking devices England waters north of 41°43′ N. release all non-target catch. when releasing sharks, a commenter latitude. As such, anglers fishing north Response: NMFS agrees that said NMFS should specifically require of this line will be allowed to retain commercial fishermen currently have use of the ‘‘I’’ type dehooker device sharks caught on J-hooks. Shortfin mako gear and protocols onboard that specify instead of the ‘‘Z’’ type device, as the and thresher sharks are among the most the handling and safe release of non- commenter contends the latter is much commonly targeted sharks in the target species and bycatch. As explained more difficult and dangerous to use Atlantic. MRIP data in the Mid-Atlantic in the comment below, NMFS prefers properly. region, where dusky shark interactions not to specify a certain type of dehooker Response: At this time, NMFS prefers are most frequent, shows that many or line cutter as commercial fishermen not to specify the type of dehooker trips where dusky shark interactions are most likely already have the necessary fishermen are required to use when reported are on trips targeting mako gear onboard. However, while releasing sharks. Although different sharks. As such, exempting anglers commercial fishermen are required to dehooking devices may provide targeting shortfin mako and thresher release marine mammals, sea turtles, advantages in certain situations, NMFS sharks from the circle hook requirement and smalltooth sawfish, and release all leaves dehooker type to the discretion of would greatly reduce its ability to meet HMS that are not retained in a manner fishermen. the conservation goals of this action. that will ensure maximum probability of Comment 59: Commenters, including survival without removing the fish from States of North Carolina and Texas, and F. Commercial Alternatives the water, Alternative B3 specifically the SAFMC, generally supported Comment 55: Numerous commenters, addresses all sharks that are not Alternative B9, which requires the use including the States of North and South retained, as the identification of sharks of circle hooks by shark directed permit Carolina, stated that the requirement to is often difficult, especially while sharks holders in the bottom longline fishery. release a shark by cutting the leader no are still in the water. Removal of gear is The State of South Carolina also more than three feet from the hook as known to increase post-release survival supported the alternative, but stated that specified in Alternative B3 should be for other species, such as sea turtles and the alternative should be modified to modified to provide an exemption for thresher sharks. While NMFS recognizes specifically require the use of non- situations when the safety of the that hooks may not be removed from offset, non-stainless circle hooks. Other fishermen is in question. For example, sharks due to safety concerns during commenters also requested that NMFS of particular concern were situations certain conditions, NMFS encourages be more specific about the type of circle when the fishermen are working from a commercial fishermen to remove as hooks, specifically, non-offset, non- vessel with a high gunwale in heavy much gear as safely possible. This could stainless steel circle hooks should be seas, or situations where a tight line help prevent situations where the required. Another commenter supported may recoil back at the fisherman after sharks’ tails become entangled in the Alternative B9 and suggested that such cutting the line. Some commenters gear or the gear becomes wrapped hooks should be required for incidental suggested the ‘‘three feet or less’’ around the sharks’ bodies impeding shark permit holders in addition to language should be removed so that the their ability to feed and/or swim. directed shark permit holders. Other alternative simply states the leader Research on other pelagic species commenters stated that circle hooks should be cut as close to the hook as indicates that the more gear that is should only be required when targeting safely possible. removed, the higher the post-release small or large coastal sharks, allowing Response: NMFS agrees that there survival. Thus, under this alternative, the continued use of J-hooks when may be times when it is unsafe to cut fishermen will be required to release targeting non-shark species. a leader within three feet of the hook. sharks in a manner that removes either Response: NMFS agrees that requiring Each of the conditions and gear all or most of the gear given safe circle hooks in the directed bottom attributes described in these comments handling and release protocols and gear longline shark fishery should help could reduce the feasibility of cutting that commercial fishermen currently reduce the mortality of incidentally the leader three feet or less away from possess. caught dusky sharks because the hook. For these reasons, NMFS has Comment 57: Another commenter individuals will be released in better changed the preferred alternative in this stated that using a thresher shark study condition with a better chance of final action to require releasing of estimate for reduction in post-release survival. Regarding the suggestion of sharks not to be retained by using a mortality due to reduced trailing gear as using non-stainless steel hooks, current dehooker or by cutting the leader/ a proxy for dusky shark impacts is not regulations already require that bottom gangion less than three feet from the appropriate and that dusky-specific longline fishermen use non-stainless hook as safely as practicable. As estimates are required. steel, corrodible hooks. Regarding the described below, removal of as much Response: While NMFS agrees it suggestion of using non-offset circle fishing gear as possible, in as safe a would be ideal to have a dusky-specific hooks, NMFS disagrees. The pelagic manner as possible, should increase estimate to quantify the potential longline fishery is allowed to use some post-release survival of sharks while decrease in mortality that would be circle hooks that are offset less than 10° also addressing safety concerns for associated with the removal of gear, in order to allow the hooks to be baited. fishermen onboard the vessel. current research on this does not exist. Because there is overlap between the Comment 56: Several commenters In the absence of that research, NMFS fishermen using pelagic longline and expressed that NMFS should encourage feels it is most logical to use research on bottom longline gear and because circle commercial fishermen to follow the similar species, such as thresher sharks hooks are required in other fisheries and

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may have other requirements, to reduce that sharks caught on circle hooks are South Carolina, and Texas, and the conflict between regulations, NMFS has harder to release or cut off, and that the SAFMC, questioned whether the one decided to allow fishermen to choose added time in releasing the shark could nautical mile minimum relocation circle hook offset type at this time. cause more stress on the shark. distance was far enough to effectively The intent of the directed bottom Response: NMFS disagrees. Recent avoid a highly migratory species like longline shark fishery circle hook research on pelagic longline and rod dusky sharks. Some commenters also requirement is to reduce mortality of and reel indicate that circle hooks could stated that the relocation protocol was dusky sharks caught and released on reduce post-release mortality by unenforceable. NMFS received a bottom longline, one of the few approximately 40–63 percent. If those comment suggesting that a better commercial fisheries that does not have rates are comparable bottom longline approach would be to form a working a circle hook requirement. Dusky sharks gear, then that mortality reduction could group of fishermen, researchers, non- most often interact with bottom longline occur in the portion of the bottom governmental organizations, and NMFS gear when the gear is fished in a manner longline fishery that is converted from staff to develop a more scientifically meant to target sharks, as is shown in J-hooks to circle hooks (25 percent). sound, practical approach. This group the large coastal shark and sandbar Because the bottom longline fishery is could also work towards developing shark research fisheries. Some of the observed to interact with hundreds of strategies to collect and analyze dusky other non-HMS bottom longline dusky sharks per year, then this shark interaction data, along with fisheries that do not target sharks measure is expected to significantly oceanographic data, that could be used require non-stainless steel circle hooks contribute to the overall mortality to develop predictive models for dusky and dehookers such as the South reduction of 35 percent. Gulack et al., presence/absence. Atlantic snapper-grouper bottom suggests that the typical large J-hook Response: HMS pelagic and bottom longline fishery and vessels used in commercial shark fishing keeps longline fishermen currently have to participating in the Gulf of Mexico reef sharks from easily swallowing the relocate one nautical mile when they fish fishery when using natural bait. hooks, resulting in no significant interact with marine mammals or sea Many of these fishermen possess HMS difference in shark mortality when turtles, and bottom longline fishermen incidental shark fishing permits (see compared to circle hooks. However, need to relocate one nautical mile when Table 5.2 in the FEIS), and therefore are because circle hook use did not reduce they interact with smalltooth sawfish. most likely already using circle hooks the catchability of sharks compared to J- The decision to have these and gillnet when fishing in a bottom longline hooks, the requirement of circle hooks fishermen move one nautical mile if fishery and not targeting sharks; as such, in the shark bottom longline fishery they interact with dusky sharks mirrors any dusky sharks caught in these could prevent commercial fishermen the current regulations for marine fisheries would experience the from using smaller J-hooks that could be mammals and sea turtles, which are also conservation benefit of circle hooks. swallowed by sharks. This research also pelagic and capable of moving long Therefore, NMFS believes that requiring showed that keeping sharks in the water distances, in the Atlantic HMS pelagic circle hooks for incidental shark permit that are not retained would likely and bottom longline fisheries. These holders is not necessary at this time. increase post-release survival. species tend to aggregate along discrete Directed shark permit holders fishing In addition, data from the observer water temperature fronts or near certain with bottom longline gear, however, program in 2015 indicate that 11 bathymetric features, so moving away will be required to use circle hooks directed shark trips with 16 observed from these features or water conditions, regardless of the target species to make shark hauls resulted in only 22 non- even relatively short distances (e.g., 1 a clear distinction for the enforcement HMS fish caught (3 percent of total nm), can reduce the potential for of the regulation. If directed shark catch) and 75 percent of these sets used additional interactions. Like dusky permit holders were not targeting circle hooks. In 2014, 22 hauls on 14 sharks, sea turtles, marine mammals, sharks, but fishing with J-hooks and still directed shark trips were observed and sawfish can also move large interacting with sharks, it would make targeting coastal sharks in the southern distances in short periods of time; the regulation difficult to enforce. Atlantic. During those trips only 11 non- however, the direction of the relocation Comment 60: Other commenters HMS fish were caught (less than 1 away from the conditions where an opposed the proposed alternative to percent) and 63.6 percent of these sets interaction took place is likely more implement circle hooks in the shark used circle hooks. Thus, bycatch of non- important than the distance alone (e.g., bottom longline fishery. One commenter target species when using circle hooks moving 1 nm to a deeper depth would stated that when fishing with J-hooks, does not seem to be a significant issue likely have more effect than moving 1 he has no bycatch of other species, and and would not offset the potential nm along the same depth where an the J-hook catches the majority of the conservation benefit to dusky sharks interaction occurred). Based on this sharks in the corner or side of the and other non-target species. information, we expect 1 nm will also mouth, similar to circle hooks. The Finally, in terms of removing circle be appropriate for dusky sharks, while commenter noted that with circle hooks, hooks versus J-hooks from sharks, the maintaining consistency with existing bycatch rates of other non-HMS current dehooking devices required to relocation regulations for other species (snapper, snapper, etc.) rises be carried by bottom longline fishermen and therefore encouraging compliance. dramatically no matter what size hook are designed to work well for circle We are encouraging fishermen to move is used. That commenter further stated hooks when used properly. When the more than 1 nm when appropriate given that in his experience sharks that hook is in the jaw, it may be easier to the local conditions as an additional swallow J-hooks are always sharks that remove a J-hook, but when J-hooks end precautionary measure. can be kept legally. In addition, that up in the throat or gut of the animal, Comment 62: One commenter commenter noted that sharks are easier they are more difficult to remove than suggested the relocation protocol should to release on a J-hook than when on a circle hooks. also be extended to non-HMS fisheries circle hook; when on a J-hook, the Comment 61: Numerous commenters that also interact with dusky sharks. sharks tend to release themselves if expressed support for the relocation Response: As detailed in Section 1.2 given enough line slack and are easier protocol in Alternative B6, but several, of the FEIS, there are very small to dehook. The commenter is concerned including the States of North Carolina, amounts of dusky shark bycatch in non-

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HMS fisheries. Implementing relocation proves to be ineffective, then NMFS can within the specified geographic area protocols in those fisheries would reevaluate a more structured approach who wish to fish for or retain sharks provide very little conservation benefit in the future. However, at this time, it must use circle hooks, regardless of for dusky sharks. However, NMFS will likely that fishermen would have more hook size or leader material, with work with states and Fishery immediate information as to where limited exceptions when fishing with Management Councils, and dusky sharks are interacting with artificial lures or flies. Artificial flies Commissions, as appropriate, to suggest fishing gear and are thus the best source and lures were excluded because fishing commensurate changes in other of information on dusky presence. with those gears are not likely to gut- fisheries that interact with dusky sharks. Comment 65: Commenters provided hook sharks, the result that the measure Comment 63: A commenter expressed broad support for the addition of a shark is designed to avoid. opposition to Alternative B6 on the identification and safe handling section 2. Shark endorsement requirement in grounds that the relocation protocol to the current protected species safe the recreational shark fishery would be too burdensome on longline handling workshops under Alternative (§ 635.4(j)(4)). In the proposed rule, fishing vessels, and would ultimately B5. Some commenters suggested the NMFS clearly indicated that fishermen require them to move so far away from workshops should also be required of could add the shark endorsement to where they are fishing that it would state-licensed commercial shark their recreational permit at any time negatively impact them economically. fishermen, and that opportunities to during the fishing year. As a result of Conversely, other commenters indicated participate in the workshops should be public comment, in the final rule, that commercial fishers already practice made available to recreational shark NMFS is also allowing fishermen to a relocation protocol within the fleet anglers as well. remove the shark endorsement from and that they actively avoid sharks, Response: Both recreational and their recreational permit at any time such as dusky sharks, as the sharks tend commercial fishers are welcome to during the fishing year. Removal of the to tear up their gear. attend the safe handling, release, and shark endorsement would mean that Response: NMFS anticipates that the identification workshops held by sharks could no longer be fished for, relocation protocol should have NMFS. NMFS recommends that all retained, or landed by persons aboard minimal costs to fishermen given it only fishermen register to check for that vessel. requires them to move one nautical mile availability ahead of a workshop, 3. Dusky shark release methods in the after a set is complete, and this especially if they are not required to pelagic longline fishery requirement is similar to the take such a workshop. More information (§ 635.21(c)(6)(i)). NMFS proposed the requirement already in place for several on the safe handling, release, and requirement that fishermen with an protected species. Several fishermen identification workshops can be found Atlantic shark limited access permit commented that many members of the at: http://www.nmfs.noaa.gov/sfa/hms/ with pelagic longline gear onboard must HMS commercial fleet are already compliance/workshops/protected_ release all sharks not being retained practicing dusky shark avoidance so the species_workshop/requirements.html. using a dehooker or cutting the gangion costs to them should be neutral. less than three feet from the hook. Changes From the Proposed Rule (81 Furthermore, the outlined During the public comment period, FR 71672; October 18, 2016) communications protocol that will be NMFS heard from some commercial required by this alternative should help As described above, as a result of fishermen that this requirement could many fishermen avoid setting their gear public comment and additional raise safety at sea concerns because in areas containing dusky shark in the analyses, NMFS made changes from the gangions can sometimes snap back and first place. Finally, the costs associated proposed rule, as described below. hit crew when the gangion is cut while with Alternative B6 should be minimal 1. Circle hook requirement in the under tension. In response, NMFS has when compared to other alternatives recreational shark fishery slightly modified the requirement to that were considered (e.g., hotspot (§§ 635.4(b)(1), (c)(1), and (c)(5); 635.21 specify that if the fisherman chooses to closures, closing the pelagic longline (f)(2), (f)(3), (k)(1), and (k)(2); cut the gangion rather than use a fishery, etc.). 635.22(c)(1); 635.71 (d)(22) and (d)(23)). dehooker, they should cut the gangion Comment 64: A commenter suggested NMFS proposed to require the use of less than three feet from the hook, as that NMFS and fishermen should circle hooks by all HMS permit holders safely as practicable. collaborate with the U.S. Coast Guard to fishing for sharks recreationally, which 4. Fleet communication and broadcast the presence of dusky sharks the proposed rule defined as when relocation protocol (§ 635.21(c)(6)(ii), in an area to other vessels to help using natural baits and using wire or (d)(2)(iii), and (g)(5)). NMFS proposed facilitate the fleet communication and heavy (200 lb or greater test) the requirement that fishermen with an relocation protocol. monofilament or fluorocarbon leaders. Atlantic shark limited access permit Response: Several fishermen Based on public comment and updated using pelagic longline, bottom longline, commented that many members of the analyses regarding dusky shark or gillnet gear that catch a dusky shark HMS commercial fleet are already distribution, NMFS modified this must both broadcast the location of the practicing dusky shark avoidance as measure in three ways: First, the final dusky shark over the radio to other interacting with the sharks tends to tear rule now specifies the type of circle fishing vessels in the surrounding area up their gear. In addition, the hook required, which is non-offset, non- and move at least 1 nmi from the availability of satellite phones has stainless steel circle hooks; second, the reported location of the dusky shark allowed the fleet to communicate final rule now specifies that this catch. As a result of public comment effectively with one another. Other measure only applies south of 41°43′ N. that questioned whether 1 nmi was far fisheries have developed more formal latitude, which includes the geographic enough to effectively avoid a highly protocols for fleet avoidance of certain range of dusky sharks but does apply migratory species like dusky sharks, the species, such as yellowtail flounder. the requirement to fishermen north of final rule still specifies that vessels must However, they use third-party vendors the dusky shark’s range; and third, it move at least 1 nmi but encourages to disseminate such notifications, not now removes the gear-based definition fishermen to move more than 1 nmi the U.S. Coast Guard. If the current of shark fishing. Under the modified when appropriate given the local communication and relocation protocol measure, all HMS permitted fishermen conditions as an additional

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precautionary measure. Additionally, in ADDRESSES) and by email to OIRA_ Business Administration in response to the regulations, NMFS has clarified that [email protected], or fax to the proposed rule, and a statement of the requirement to broadcast the 202–395–7285. any chances made to the proposed rule location of the dusky shark over the Notwithstanding any other provision as a result of the comments. NMFS radio should be done as soon as of the law, no person is required to received many comments on the practicable, whereas the proposed rule respond to, and no person shall be proposed rule and DEIS during the did not specify anything related to subject to penalty for failure to comply public comment period. Summarized timing of the broadcast. with, a collection of information subject public comments and the Agency’s 5. Workshop title clarification to the requirements of the PRA, unless responses to them, including changes as (§ 635.8(a)). In this final rule, NMFS that collection of information displays a a result of public comment, are included clarifies that the name of a required currently valid OMB control number. above. The general economic concerns workshop is ‘‘Safe Handling, Release, raised can be found in comments 33, 41, Summary of the Final Regulatory and Identification Workshop.’’ In the 44, 53, and 63. NMFS did not receive Flexibility Analysis proposed rule, this workshop was comments specifically on the IRFA. erroneously titled the ‘‘Safe Handling, A final regulatory flexibility analysis NMFS did not receive any comments Release, Disentanglement, and (FRFA) was prepared for this rule. The filed from the Chief Council for Identification Workshop.’’ Although this FRFA incorporates the initial regulatory Advocacy in response to the proposed correction was not included in the flexibility analysis (IRFA), a summary of rule. proposed rule, it is an administrative the significant issues raised by the C. A Description and an Estimate of the change and will not have any practical public comments in response to the Number of Small Entities to Which the environmental, social, or economic IRFA, our responses to those comments, Final Rule Would Apply impacts and is included for clarity to and a summary of the analyses the regulated community. completed to support the action. The Section 604(a)(4) of the RFA requires full FRFA is available from NMFS (see a description and estimate of the Classification ADDRESSES). A summary is provided number of small entities to which the The Assistant Administrator for below. final rule would apply. For RFA Fisheries (AA) determined that purposes only, NMFS has established a Amendment 5b to the 2006 A. Statement of the Need for and small business size standard for Consolidated HMS FMP is necessary for Objectives of This Final Rule businesses, including their affiliates, the conservation and management of Section 604(a)(1) of the Regulatory whose primary industry is commercial Atlantic dusky sharks and that it is Flexibility Act (RFA) requires a succinct fishing (see 50 CFR 200.2). A business consistent with the Magnuson-Stevens statement of the need for and objectives primarily engaged in commercial fishing Act and other applicable laws. of the rule. Chapter 1.0 of the (NAICS code 11411) is classified as a NMFS prepared an FEIS for Amendment 5b FEIS fully describes the small business if it is independently Amendment 5b to the 2006 need for and objectives of this final rule. owned and operated, is not dominant in Consolidated HMS FMP. The FEIS was In general, the objective of this final rule its field of operation (including its filed with the Environmental Protection is to end overfishing of dusky sharks affiliates), and has combined annual Agency on February 17, 2017. A Notice and to rebuild the stock in the receipts not in excess of $11 million for of Availability was published on timeframe recommended by the all its affiliated operations worldwide. February 24, 2017 (82 FR 11574). In assessment update. The Small Business Administration approving Amendment 5b to the 2006 Under the Magnuson-Stevens Act, (SBA) has established size standards for Consolidated HMS FMP on March 28, NMFS must, consistent with ten all other major industry sectors in the 2017, NMFS issued a ROD identifying National Standards, manage fisheries to U.S., including the scenic and the selected alternatives. A copy of the prevent overfishing while achieving, on sightseeing transportation (water) sector ROD is available from the HMS a continuing basis, the optimum yield (NAICS code 487210, for-hire), which Management Division (see ADDRESSES). for each fishery. Additionally, any includes charter/party boat entities. The This final rule has been determined to management measures must be Small Business Administration (SBA) be not significant under E.O. 12866. consistent with other laws including, has defined a small charter/party boat but not limited to, NEPA, the ESA, the entity as one with average annual Paperwork Reduction Act MMPA, and the CZMA. receipts (revenue) of less than $7.5 This final rule contains a collection- million. of-information requirement subject to B. A Summary of the Significant Issues This final rule is expected to directly the Paperwork Reduction Act (PRA) that Raised by the Public Comments in affect commercial pelagic longline, has been approved by OMB under Response to the Initial Regulatory bottom longline, shark gillnet, and control number 0648–0327. Public Flexibility Analysis, a Summary of the recreational shark fishing vessels that reporting burden for Atlantic HMS Agency’s Assessment of Such Issues, possess HMS permits and are actively Permit Family of Forms is estimated to and a Statement of Any Changes Made fishing. For the pelagic longline vessels, average 34 minutes per respondent for in the Rule as a Result of Such these are vessels that possess an initial permit applicants, and 10 Comments Atlantic shark limited access permit, an minutes for permit renewals, including Section 604(a)(2) of the RFA requires Atlantic swordfish limited access the time for reviewing instructions, a summary of the significant issues permit, and an Atlantic Tunas Longline searching existing data sources, raised by the public comments in category permit. Because pelagic gathering and maintaining the data response to the IRFA, a summary of the longline fishermen must hold all three needed, and completing and reviewing assessment of the Agency of such issues, permits in order to fish, for the purposes the collection of information. Send and a statement of any changes made in of this discussion, NMFS will focus on comments regarding these burden the rule as a result of such comments. Atlantic Tunas Longline category permit estimates or any other aspect of this data Section 604(a)(3) of the RFA requires a holders. Regarding those entities that collection, including suggestions for response to any comments filed by the would be directly affected by the reducing the burden, to NMFS (see Chief Counsel for Advocacy of the Small preferred commercial management

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measures, the average annual revenue the portion of the 3,596 HMS Charter/ Commercial Measures Alternatives per active pelagic longline vessel is Headboat permit holders who fish for or Alternative B5 will require estimated to be $187,000 based on the retain sharks. completion of shark identification and 170 active vessels between 2006 and NMFS has determined that the fishing regulation training as a new part 2012 that produced an estimated $31.8 measures in Amendment 5b will not of the Safe Handling and Release million in revenue annually. The likely directly affect any small Workshops for HMS pelagic longline, maximum annual revenue for any organizations or small government bottom longline, and shark gillnet vessel pelagic longline vessel between 2006 jurisdictions defined under RFA, nor owners and operators that they are and 2015 was less than $1.9 million, will there be disproportionate economic already required to take on a 3-year well below the NMFS small business impacts between large and small basis. The training course will provide size standard for commercial fishing information regarding shark businesses of $11 million. Other non- entities. Furthermore, there will be no identification and regulations, as well as longline HMS commercial fishing disproportionate economic impacts best practices to avoid interacting with vessels typically generally earn less among the universe of vessels based on dusky sharks and how to minimize revenue than pelagic longline vessels. gear, home port, or vessel length. mortality of dusky sharks caught as Therefore, NMFS considers all Atlantic More information regarding the bycatch. Compliance with this course HMS commercial permit holders to be description of the fisheries affected, and requirement will be mandatory as a small entities (i.e., they are engaged in the categories and number of permit condition for permit renewal. the business of fish harvesting, are holders, can be found in Chapter 3.0 of Certificates will be issued to all independently owned or operated, are the Amendment 5b FEIS. commercial pelagic longline, bottom not dominant in their field of operation, and have combined annual receipts not D. Description of the Projected longline, and gillnet vessel owners and in excess of $11 million for all its Reporting, Record-Keeping, and Other operators indicating compliance with affiliated operations worldwide). The Compliance Requirements of the this requirement, and the certificates preferred commercial alternatives Proposed Rule, Including an Estimate of will be required for permit renewal. would apply to the 280 Atlantic tunas the Classes of Small Entities Which Alternative B6 will require that all Longline category permit holders and Would Be Subject to the Requirements vessels with an Atlantic shark 224 directed shark permit holders. Of of the Report or Record commercial permit and fishing with these 280 permit holders, 136 have pelagic longline, bottom longline, or Individual Bluefin Quotas (IBQ) shares, Section 604(a)(5) of the RFA requires shark gillnet gear abide by a dusky shark although all properly permitted vessels Agencies to describe any new reporting, fleet communication and relocation may lease quota through the IBQ system record-keeping, and other compliance protocol. The protocol will require to go commercial pelagic longline requirements. One of the measures in vessels to report the location of dusky fishing. Amendment 5b will result in reporting, shark interactions over the radio as soon For the recreational management record-keeping, and compliance as practicable to other pelagic longline, measures, most commonly, the requirements that may require new bottom longline, or shark gillnet vessels preferred management measures would Paperwork Reduction Act (PRA) filings in the area and that subsequent fishing only directly apply to small entities that and two of the measures would modify sets on that fishing trip could be no are Charter/Headboat permit holders compliance requirements. NMFS closer than 1 nautical mile (nm) from that provide for-hire trips that target or estimates that the number of small where the encounter took place. retain sharks. Other HMS recreational entities that would be subject to these E. Description of the Steps the Agency fishing permit holders are considered requirements would include the Has Taken To Minimize the Significant individuals, not small entities for Atlantic tuna Longline category (280), Economic Impact on Small Entities purposes of the RFA because they are Directed and Incidental Shark Limited Consistent With the Stated Objectives of not engaged in commercial fishing. Access (224 and 275, respectively), and Applicable Statutes, Including a Additionally, while Atlantic Tunas HMS Charter/Headboat category (3,596) Statement of the Factual, Policy, and General category and Swordfish General permit holders. Legal Reasons for Selecting the commercial permit holders hold Alternative Adopted in the Final Rule Recreational Alternatives commercial permits and are usually and the Reason That Each One of the considered small entities, the preferred Other Significant Alternatives to the management measures would only Alternative A2 will require recreational fishermen targeting shark to Rule Considered by the Agency Which affect them when they are fishing under Affect Small Entities Was Rejected the recreational regulations for sharks obtain a shark endorsement in addition during a registered tournament, and to other existing permit requirements. Section 604(a)(6) of the RFA requires NMFS is not considering them small Obtaining the shark endorsement will Agencies to describe any alternatives to entities for this rule because they are not be included in the online HMS permit the preferred alternatives which engaged in commercial activity during application and renewal processes and accomplish the stated objectives and those tournaments. will require the applicant to complete a which minimize any significant Vessels with the HMS Charter/ quiz focusing on shark species economic impacts. The implementation Headboat category permit are for-hire identification. The applicant will of this action should not result in vessels. These permit holders can be simply need to indicate the desire to significant adverse economic impacts to regarded as small entities for RFA obtain the shark endorsement after individual vessels. These impacts are purposes (i.e., they are engaged in the which he or she will be directed to an discussed below and in Chapter 4.0 of business of fish harvesting, are online quiz that will take minimal time the FEIS. Additionally, the Regulatory independently owned or operated, are to complete. Adding the endorsement to Flexibility Act (5 U.S.C. 603(c)(1)–(4)) not dominant in their field of operation, the permit and requiring applicants to lists four general categories of and have average annual revenues of take the online quiz to obtain the ‘‘significant’’ alternatives that would less than $7.5 million). Overall, the endorsement will require a modification assist an agency in the development of recreational alternatives would impact to the existing PRA for the permits. significant alternatives. These categories

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of alternatives are: (1) Establishment of mortality of dusky sharks, likely the angler would need to keep the differing compliance or reporting resulting in direct, short- and long-term placard on board the vessel when requirements or timetables that take into neutral economic impacts. Because fishing for sharks and, because carrying account the resources available to small there would be no changes to the fishing other documents such as permits and entities; (2) clarification, consolidation, requirements, there would be no boat registration is already required, this or simplification of compliance and economic impacts on small entities. If is unlikely to be a large inconvenience. reporting requirements under the rule more restrictive measures are required This alternative would have slightly for such small entities; (3) use of in the long-term under MSA or other more economic impacts than performance rather than design statutes such as the Endangered Species Alternative A2 on small entities and standards; and, (4) exemptions from Act, moderate adverse economic would likely be less effective than the coverage of the rule for small entities. impacts may occur. However, training course in Alternative A2. overfishing would continue under this In order to meet the objectives of this Alternative A4 amendment, consistent with all legal alternative, thus, NMFS does not prefer requirements, NMFS cannot exempt this alternative at this time. Under Alternative A4, NMFS would extend the prohibition on the retention small entities or change the reporting Alternative A2—Preferred Alternative requirements only for small entities of ridgeback sharks to include the rest because all the entities affected are Under Alternative A2, a preferred of the ridgeback sharks, namely oceanic considered small entities. Thus, there alternative, HMS Angling and Charter/ whitetip, tiger sharks, and smoothhound are no alternatives discussed that fall Headboat permit holders would be sharks, all of which are currently under the first and fourth categories required to obtain a shark endorsement, allowed to be retained by recreational described above. Under the third which requires completion of a short shark fishermen (HMS Angling and category, ‘‘use of performance rather online shark identification and fishing Charter/Headboat permit holders). than design standards,’’ NMFS regulation training course in order to While this alternative would simplify considers Alternative B5, which will retain sharks. Obtaining the shark compliance for the majority of provide additional training to pelagic endorsement would be included in the fishermen targeting sharks, it could also longline, bottom longline, and shark online HMS permit application and potentially have adverse economic gillnet fishermen, to be a performance renewal processes and would require impacts for a small subset of fishermen standard rather than a design standard. the applicant to complete a training that target oceanic whitetip, tiger, and As described below, NMFS analyzed course focusing on shark species smoothhound sharks. These adverse several different alternatives in this identification and fishing regulations. impacts would be quite small, however, proposed rulemaking and provides the This alternative would likely result in for oceanic whitetip and tiger sharks. rationale for identifying the preferred no substantive economic impacts However, based on MRIP data, this alternative to achieve the desired because there would be no additional alternative could have considerable cost to the applicant and only a small impacts on fishermen targeting objective. In this rulemaking, NMFS considered additional investment in time. smoothhound sharks. Presumably, state- two different categories of alternatives. Obtaining the shark endorsement would permitted anglers that do not hold an The first category, recreational be a part of the normal HMS permit HMS federal permit are responsible for alternatives, covers seven main application or renewal. The applicant some of the catch and, for species such would simply need to indicate the as smooth dogfish that are often found alternatives that address various desire to obtain the shark endorsement almost exclusively in state waters, strategies of reducing dusky shark after which he or she would be directed anglers with only state permit may be mortality in the recreational fishery. The to a short online training course that responsible for most of the catch. second category of alternatives, would take minimal time to complete. Recreational fishermen with only state- commercial measures, considers nine The goal of the training course is to help issued permits would still be able to main alternatives that address various prevent anglers from landing prohibited retain smoothhound sharks (those that strategies of reducing dusky shark or undersized sharks, and thus, help hold an HMS permit must abide by mortality in the commercial fishery. rebuild stocks. Furthermore, the list of federal regulations, even in state The potential impacts these shark endorsement holders would allow waters). Thus, Alternative A4 would alternatives may have on small entities for more targeted surveys and outreach, likely result in both direct short- and have been analyzed and are discussed in likely increasing the reliability of long-term, minor adverse economic the following sections. The preferred recreational shark catch estimates. This impacts on HMS Charter/Headboat alternatives include: Alternative A2, preferred alternative helps achieve the operators if prohibiting landing of Alternative A6d, Alternative B3, objectives of this rule while minimizing additional shark species reduces Alternative B5, Alternative B6, and any significant economic impacts on demand for fishing charters. While this Alternative B9. The economic impacts small entities. alternative may have greater economic that would occur under these preferred impacts than Alternative A3, it may be alternatives were compared with the Alternative A3 effective at achieving the objective of other alternatives to determine if Alternative A3 would have required reducing dusky shark mortality in the economic impacts to small entities participants in the recreational shark recreational fishery. could be minimized while still fishery (Angling and Charter/Headboat accomplishing the stated objectives of permit holders) to carry an approved Alternative A5 this rule. shark identification placard on board Under Alternative A5, the minimum 1. Recreational Alternatives the vessel when fishing for sharks. This recreational size limit for authorized alternative would likely result in short- shark species, except for Atlantic Alternative A1 and long-term minor economic impacts. sharpnose, bonnethead, and Alternative A1, the no action The cost of obtaining a placard, whether hammerhead (great, scalloped, and alternative, would not implement any by obtaining a pre-printed one or self- smooth) sharks, would increase from 54 management measures in the printing, would be modest. To comply to 89 inches fork length. Under this recreational shark fishery to decrease with the requirement of this alternative, alternative, increasing the recreational

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size limit would likely result in both reduced, some recreational fishermen latitude, except when fishing with flies direct short- and long-term, moderate may choose not to fish for sharks or to or artificial lures. On the one hand, this adverse economic impacts for enter tournaments that offer awards for alternative would have less impact on recreational fishermen, charter/headboat sharks. Additionally, this alternative HMS permit holders as it would limit operators, and tournament operators. would also effectively require HMS the circle hook requirement to only Because many shark species have a permit holders with shark endorsements those trips in which sharks are the target maximum size below an 89-inch size to use circle hooks when fishing for species, and would limit the limit, there could be reduced incentive many non-shark species because wire requirement to waters south of Cape to fish recreationally for sharks due to and heavy monofilament leaders are Cod so that it does not affect HMS the decreased potential to legally land commonly also used when fishing for permit holders fishing outside the dusky these fish. Increasing the minimum size swordfish, billfish, tuna, wahoo, sharks known range. On the other hand, for retention would also impact the way mackerel, and other marine species. it would likely affect more HMS permit that tournaments and charter vessels These missed recreational fishing holders south of Cape Cod as fewer operate. While the impacts of an 89-inch opportunities could result in minor permit holders would be discouraged fork length minimum size on adverse economic impacts in the short- tournaments awarding points for pelagic and long-term. Given the effects this from acquiring the shark endorsement to sharks may be lessened because these alternative would have on HMS permit avoid the circle hook requirement when tournament participants target larger holders while targeting non-shark fishing with wire or heavy sharks, such as shortfin mako, blue, and species, NMFS does not prefer this monofilament or fluorocarbon leaders thresher, that grow to larger than 89 alternative at this time. for non-shark species. Overall, the new inches fork length, this may not be the alternative A6d is expected to have Alternative A6b case for tournaments targeting smaller minor adverse economic impacts in the sharks. Tournaments that target smaller Sub-Alternative Ab6 is similar to A6a, short- and long-term. However, A6d is sharks, especially those that target shark but instead of requiring circle hooks the preferred alternative as it would species that do not reach sizes when deploying natural bait while using restrict impacts to recreational fishing exceeding 89 inches fork length such as a wire or heavy (200-pound test or trips targeting sharks within the range of blacktip sharks, may be heavily greater) monofilament or fluorocarbon the dusky shark, and minimize impacted by this alternative. Reduced leader outside of a fishing tournament, unintended impacts that are not needed participation in such tournaments could it instead requires circle hooks when to meet the objectives of this potentially decrease the amount of deploying a 5/0 or greater size hook to rulemaking. monetary prizes offered to winners. fish with natural bait outside of a Thus, implementation of this fishing tournament. This use of the hook Alternative A7 size standard to determine if the trip management measure could Alternative A7 would prohibit HMS significantly alter the way some could be targeting sharks may result in permit holders from retaining any shark tournaments and charter vessels more recreational trips requiring circle species. Recreational fishermen may operate, or reduce opportunities to fish hooks than under alterative A6a, but for sharks and drastically reduce general many more of those trips might actually still fish for and target authorized shark interest and demand for recreational not be targeting sharks, but instead other species for catch and release. The large shark fishing, which could create large pelagic fish. The use of a heavy number of fishermen who already adverse economic impacts. For the leader would be more correlated with practice catch and release and the catch aforementioned reasons, NMFS does not angling activity that is targeting sharks. and release shark fishing tournaments prefer this alternative at this time. currently operating would not be Alternative A6c impacted. However, prohibiting Alternative A6 Sub-Alternative A6c is similar to A6a retention of sharks could have major Under Alternative A6, circle hooks and A6b, but restricted to requiring the impacts on fishing behaviors and would be required for either all HMS use of circle hooks by all HMS permit activity of other recreational shark permit holders fishing recreationally for holders participating in fishing fishermen and reduce their demand for sharks and all Atlantic HMS permit tournaments that bestow points, prizes, charter/headboat trips. Only allowing holders participating in fishing or awards for sharks. This alternative catch and release of authorized sharks tournaments when targeting or retaining would impact a smaller universe of in the recreational fishery could impact Atlantic sharks. recreational fishermen, so the adverse some fishermen that retain sharks impacts are smaller. However, given the Alternative A6a recreationally and tournaments that limited scope of this requirement, the award points for landing sharks. Thus, Sub-alternative A6a would require the benefits to reducing dusky shark prohibiting retention of Atlantic sharks use of circle hooks by HMS permit mortality via the use of circle hooks are in the recreational shark fisheries could holders with a shark endorsement also more limited. drastically alter the nature of whenever fishing with natural bait and recreational shark fishing and reduce wire or (200-pound test or greater) Alternative A6d—Preferred Alternative incentives to fish for sharks. monofilament or fluorocarbon leader. Sub-Alternative A6d, a preferred Relative to the total cost of gear and alternative, is a new alternative similar Additionally, with reduced incentive tackle for a typical fishing trip, the cost to the above sub-alternatives that was to fish for sharks, this could negatively associated with switching from J hooks formulated based in response to impact profits for the HMS Charter/ to circle hooks is negligible. Thus, the numerous public comments regarding Headboat industry. Because there could immediate cost in switching hook type the previously preferred alternative A6a. be major impacts to the recreational is likely minimal. However, there is A6d would require the use of non-offset, shark fisheries from this management conflicting indication that the use of non-stainless steel circle hooks by all measure, Alternative A7 would likely circle hooks may reduce or increase HMS permit holders with a shark have direct short- and long-term, CPUE resulting in lower catch of target endorsement when fishing for sharks moderate adverse economic impacts on species. In the event that CPUE is recreationally south of 41°43′ N. small business entities.

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2. Commercial Alternatives commercial shark fishermen using However, it is likely that some of the pelagic longline gear. Currently, vessels that would be impacted by this Alternative B1 fishermen are required to use a hotspot closure would redistribute their Under Alternative B1, NMFS would dehooking device if a protected species effort to other fishing areas. Based on not implement any measures to reduce is caught. This alternative would require natural breaks in the percentage of sets dusky shark mortality in the commercial this procedure to be used on all sharks vessels made inside and outside of this shark or HMS fisheries. Because no that would not be retained, or fishermen alternative’s hotspot closure area, NMFS management measures would be would have to cut the gangion to release estimated that if a vessel historically implemented under this alternative, the shark. Currently, it is common made less than 40 percent of its sets in NMFS would expect fishing practices to practice in the pelagic longline fishery the hotspot closure area, it would likely remain the same and economic impacts to release sharks that are not going to be redistribute all of its effort. If a vessel to be neutral in the short-term. Dusky retained (especially larger sharks) by made more than 40 percent but less than sharks are a prohibited species and cutting the gangion, but they usually do 75 percent of its sets in the hotspot fishermen are not allowed to harvest not cut the gangion so only 3 feet closure area, it would likely redistribute this species. Thus, even if dusky sharks remain, so there might be a slight 50 percent of its effort impacted by the continue to experience overfishing and learning curve. Using a dehooker to hotspot closure area to other areas. the abundance declines as a result of release sharks in the pelagic longline Finally, if a vessel made more than 75 this alternative, there would not be any fishery is a less common practice, percent of its sets solely within the economic impacts on the fishery in the therefore, there may be more of a hotspot closure area, NMFS assumed short-term. If more restrictive measures learning curve that would make using the vessel would not likely shift its are required in the long-term under this technique more time consuming effort to other areas. Based on these MSA or other statutes such as the and making fishing operations less individually calculated redistribution Endangered Species Act, moderate efficient. Although this may be an initial rates, the percentage of fishing in other adverse economic impacts may occur. issue, NMFS expects that these areas during the gear restriction time Alternative B2 inefficiencies would be minimal and period, the percentage of fishing in that fishermen would become adept in other areas during the hotspot closure Under Alternative B2, HMS using a dehooker to release sharks over time period, and the catch per unit commercial fishermen would be limited time given they are all adept at using a effort for each vessel in each statistical to 750 hooks per pelagic longline set dehooker to release protected species. area, NMFS estimated the potential with no more than 800 assembled Thus, Alternative B3 would be expected landings associated with redistributed gangions onboard the vessel at any time. to have short- and long-term neutral effort associated with fishing sets Based on average number of hooks per economic impacts on the pelagic displaced by the hotspot closure area. pelagic longline set data, the hook longline fishery. The net loss in fishing revenues as a restriction in this alternative could have result of the Charleston Bump Hotspot Alternative B4 neutral economic impacts on fishermen May closure after considering likely targeting bigeye tuna, mixed tuna Under Alternative B4, NMFS redistribution of effort is estimated to be species, and mixed HMS species, considered various dusky shark hotspot $8,300 per vessel per year. Alternative because the average number of hooks closures for vessels fishing with pelagic B4a would result in moderate short- and used on pelagic longline sets targeting longline gear. The hotspot closures long-term adverse economic impacts as these species is slightly above or below considered are the same areas that were a result of restricting pelagic longline the limit considered in this alternative. analyzed in Draft Amendment 5 and the vessels from fishing in the Charleston This alternative would likely have A5b Predraft. These hotspot closure Bump Hotspot May area, thus causing adverse economic impacts on fishermen alternatives are located where increased decreased revenues and increased costs targeting dolphin fish, because these levels of pelagic longline interactions associated with fishing in potentially fishermen on average use 1,056 hooks with dusky sharks had been identified more distant waters if vessel operators per set. If NMFS implemented this based on HMS Logbook data. During the redistribute their effort. alternative, fishermen targeting dolphin months that hotspot closures are fish with pelagic longline gear would effective, Atlantic shark commercial Alternative B4b have to reduce their number of hooks by permit holders (directed or incidental) This alternative would prohibit the approximately 30 percent per set, which would not be able to fish with pelagic use of pelagic longline gear in the may result in a similar percent longline gear in these areas. vicinity of the ‘‘Hatteras Shelf’’ area of reduction in set revenue or could result the Cape Hatteras Special Research Area Alternative B4a in increased operating costs if fishermen during the month of May where decide to offset the limited number of This alternative would define a elevated levels of dusky shark hooks with more fishing sets. Overall, rectangular area in a portion of the interactions have been reported. This Alternative B2 would be expected to existing Charleston Bump time/area alternative is expected to have moderate have short- and long-term minor adverse closure area, and prohibit the use of short- and long-term direct adverse economic impacts on the pelagic pelagic longline gear by all vessels economic impacts on 42 vessels that longline fishery. during the month of May in that area. have historically fished in this Hatteras This alternative is expected to have Shelf Hotspot area during the month of Alternative B3—Preferred Alternative moderate short- and long-term direct May. The average annual revenue per Under Alternative B3, a preferred adverse economic impacts on 46 vessels vessel from 2008 through 2014 from all alternative, HMS commercial fishermen that have historically fished in this fishing sets made in this hotspot closure must release all sharks that are not being Charleston Bump area during the month area has been approximately $9,980 boarded or retained by using a of May. This closure would result in the during the month of May, assuming that dehooker, or by cutting the gangion no loss of approximately $15,250 in gross fishing effort does not move to other more than three feet from the hook. This revenues per year per vessel assuming areas. However, it is likely that some of alternative would have neutral to no redistribution of effort outside of the the vessels that would be impacted by adverse economic impacts on closed area. this hotspot closure would redistribute

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their effort to other fishing areas. The has been approximately $5,230 per reported. This alternative is expected to net impact of the Hatteras Shelf Hotspot vessel during the month of November, have moderate short- and long-term May closure on fishing revenues after assuming that fishing effort does not direct adverse economic impacts on 35 considering likely redistribution of move to other areas. However, it is vessels that have historically fished in effort is estimated to be $5,990 per likely that some of the vessels that this Southern Georges Banks Hotspot vessel per year. Alternative B4b would would be impacted by this hotspot area during the month of July. The result in moderate adverse economic closure would redistribute their effort to average annual revenue from 2008 impacts as a result of restricting pelagic other fishing areas. The net impact of through 2014 from all fishing sets made longline vessels from fishing in the the Hatteras Shelf Hotspot November in this hotspot closure area has been Hatteras Shelf Hotspot May area, thus closure on fishing revenues after approximately $14,230 per vessel causing decreased revenues and considering likely redistribution of during the month of July, assuming that increased costs associated with fishing effort is estimated to be $3,540 per fishing effort does not move to other in potentially more distant waters if vessel per year. Alternative B4d would areas. However, it is likely that some of vessel operators redistribute their effort. result in minor adverse economic the vessels that would be impacted by impacts as a result of restricting pelagic Alternative B4c this hotspot closure would redistribute longline vessels from fishing in the their effort to other fishing areas. The This alternative would prohibit the Hatteras Shelf Hotspot November area, net impact of the Southern Georges use of pelagic longline gear in the thus causing decreased revenues and Banks Hotspot July closure on fishing vicinity of the ‘‘Hatteras Shelf’’ area of increased costs associated with fishing revenues after considering likely the Cape Hatteras Special Research Area in potentially more distant waters if redistribution of effort is estimated to be during the month of June where vessel operators redistribute their effort. $8,290 per vessel per year. Alternative elevated levels of dusky shark Alternative B4e B4f would result in moderate adverse interactions have been reported. economic impacts as a result of This alternative is expected to have This alternative would prohibit the restricting longline vessels from fishing moderate short- and long-term direct use of pelagic longline gear by all U.S. in the Southern Georges Banks Hotspot adverse economic impacts on 37 vessels flagged-vessels permitted to fish for July area, thus causing decreased that have historically fished in this HMS in the three distinct closures in the revenues and increased costs associated Hatteras Shelf Hotspot area during the vicinity of the Mid-Atlantic Canyons with fishing in potentially more distant month of June. The average annual during the month of October where waters if vessel operators redistribute revenue from 2008 through 2014 from elevated levels of dusky shark their effort. all fishing sets made in this hotspot interactions have been reported. This closure area has been approximately alternative is expected to have moderate Alternative B4g $7,640 per vessel during the month of short- and long-term direct adverse June, assuming that fishing effort does economic impacts on 64 vessels that This alternative would prohibit the not move to other areas. However, it is have historically fished in this Canyons use of pelagic longline gear by all U.S. likely that some of the vessels that Hotspot October area. The average flagged-vessels permitted to fish for would be impacted by this hotspot annual revenue from 2008 through 2014 HMS in August in an area adjacent to closure would redistribute their effort to from all fishing sets made in this the existing Northeastern U.S. closure, other fishing areas. The net impact of hotspot closure area has been which is currently effective for the the Hatteras Shelf Hotspot June closure approximately $9,950 per vessel during month of June, where elevated levels of on fishing revenues after considering the month of October, assuming that dusky shark interactions have been likely redistribution of effort is fishing effort does not move to other reported. This alternative is expected to estimated to be $4,010 per vessel per areas. However, it is likely that some of have moderate short- and long-term year. Alternative B4c would result in the vessels that would be impacted by direct adverse economic impacts on 35 moderate adverse economic impacts as this hotspot closure would redistribute vessels that have historically fished in a result of restricting pelagic longline their effort to other fishing areas. The this Southern Georges Banks Hotspot vessels from fishing in the Hatteras net impact of the Canyons Hotspot area during the month of August. The Shelf Hotspot June area, thus causing October closure on fishing revenues average annual revenue from 2008 decreased revenues and increased costs after considering likely redistribution of through 2014 from all fishing sets made associated with fishing in potentially effort is estimated to be $3,720 per in this hotspot closure area has been more distant waters if vessel operators vessel per year. Alternative B4e would approximately $12,260 per vessel redistribute their effort. result in moderate adverse economic during the month of August, assuming impacts as a result of restricting pelagic that fishing effort does not move to Alternative B4d longline vessels from fishing in the other areas. However, it is likely that This alternative would prohibit the Canyons Hotspot October area, thus some of the vessels that would be use of pelagic longline gear in the causing decreased revenues and impacted by this hotspot closure would vicinity of the ‘‘Hatteras Shelf’’ area of increased costs associated with fishing redistribute their effort to other fishing the Cape Hatteras Special Research Area in potentially more distant waters if areas. The net impact of the Southern during the month of November where vessel operators redistribute their effort. Georges Banks Hotspot August closure elevated levels of dusky shark on fishing revenues after considering interactions have been reported. This Alternative B4f likely redistribution of effort is alternative is expected to have minor This alternative would prohibit the estimated to be $5,990 per vessel per short- and long-term direct adverse use of pelagic longline gear by all U.S. year. Alternative B4g would result in economic impacts on 23 vessels that flagged-vessels permitted to fish for moderate adverse economic impacts as have historically fished in this Hatteras HMS in July in an area adjacent to the a result of restricting pelagic longline Shelf Hotspot area during the month of existing Northeastern U.S. closure vessels from fishing in the Southern November. The average annual revenue which is currently effective for the Georges Banks Hotspot August area, from 2008 through 2014 from all fishing month of June, where elevated levels of thus causing decreased revenues and sets made in this hotspot closure area dusky shark interactions have been increased costs associated with fishing

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in potentially more distant waters if adverse socioeconomic effects on shark identification and regulations, as vessel operators redistribute their effort. certain vessels that are both poor well as best practices to avoid avoiders of dusky sharks and are non- interacting with dusky sharks and how Alternative B4h compliant with the regulations. NMFS to minimize mortality of dusky sharks This alternative would prohibit the would analyze the socioeconomic caught as bycatch. This training course use of pelagic longline gear by all U.S. impact by using similar fishing effort would provide targeted outreach on flagged-vessels permitted to fish for redistribution proposed in Draft dusky shark identification and HMS in a portion of the existing Amendment 7. Overall, the adverse regulations, which should decrease Charleston Bump time/area closure socioeconomic effects of dusky shark interactions with dusky sharks. This during the month of November where hotspot closures are expected to be less alternative would have neutral elevated levels of dusky shark if a conditional access alternative is economic impacts because the interactions have been reported. This implemented because some vessels fishermen are already required to attend alternative is expected to have minor would still be able to access and fish the a workshop, incur some travel costs, short- and long-term direct adverse hotspot closures. This alternative would and would not be fishing while taking economic impacts on 32 vessels that have neutral to beneficial effects for attending the workshop. Given the have historically fished in this vessels that are still authorized to fish neutral economic impacts and this Charleston Bump Hotspot area during in these regions, as they would not be alternative’s potential to decrease dusky the month of November. The average held accountable for the behavior of interactions and mortality, NMFS annual revenue from 2008 through 2014 other individuals and would not have to prefers this alternative. from all fishing sets made in this change their current fishing operations. hotspot closure area has been Alternative B6—Preferred Alternative approximately $7,030 per vessel during Alternative B4j The economic impacts associated the month of November, assuming that This alternative would implement with Alternative B6, which would fishing effort does not move to other bycatch caps on dusky shark increase dusky shark outreach and areas. However, it is likely that some of interactions in hotspot areas. Under this awareness through development of the vessels that would be impacted by alternative, NMFS would allow pelagic additional commercial fishery outreach this hotspot closure would redistribute longline vessels limited access to high materials and establish a their effort to other fishing areas. The dusky shark interaction areas with an communication and fishing set net impact of the Charleston Bump observer onboard while limiting the relocation protocol for HMS commercial Hotspot November closure on fishing number of dusky shark interactions that fishermen following interactions with revenues after considering likely could occur in these areas. Once the dusky sharks and increase outreach to redistribution of effort is estimated to be dusky shark bycatch cap for an area is the pelagic longline fleet, are $2,720 per vessel per year. Alternative reached, that area would close until the anticipated to be neutral. These B4h would result in minor adverse end of the three-year bycatch cap requirements would not cause a social and economic impacts as a result period. This alternative could lead to substantial change to current fishing of restricting pelagic longline vessels adverse economic impacts by reducing operations, but have the potential to from fishing in the Charleston Bump annual revenue from fishing in the help fishermen become more adept in Hotspot November area, thus causing various hot spot areas depending on the avoiding dusky sharks. If fishermen decreased revenues and increased costs number of hotspots where bycatch cap become better at avoiding dusky sharks, associated with fishing in potentially limits are reached, the timing of those there is the possibility that target catch more distant waters if vessel operators potential closures during the year, and could increase. On the other hand, the redistribute their effort. the amount of effort redistribution that requirement to move the subsequent occurs after the closures. In addition to fishing set one nautical mile from where Alternative B4i direct impacts to vessels owners, a previous dusky shark interaction This alternative would provide strong operators, and crew members, this occurred could move fishermen away incentives to avoid dusky sharks and to alternative would have moderate, from areas where they would prefer to reduce interactions by modifying fishing adverse indirect impacts in the short- fish and it could increase fuel usage and behavior. Participants in the pelagic and long-term on fish dealers, fuel costs. Given the neutral economic longline fleet have requested increased processors, bait/gear suppliers, and impacts of this alternative and its individual accountability within the other shore-based businesses impacted expectation to decrease dusky shark fishery in light of several management by reduced fishing opportunities for interactions, NMFS prefers this issues facing the fishery (e.g., bluefin pelagic longline vessel owners that alternative. tuna, dusky sharks). NMFS first would have fished in the hotspot area. developed the use of conditional access Alternative B7 under Draft Amendment 7, in part due Alternative B5—Preferred Alternative NMFS would seek, through to the public comments and feedback Alternative B5, a preferred alternative, collaboration with the affected states received regarding the original dusky would provide additional training to and the ASMFC, to extend the end date hotspot closures proposed in Draft pelagic longline, bottom longline, and of the existing state shark closure from Amendment 5. This approach would shark gillnet vessel owners and July 15 to July 31. Currently, the states address the fact that, according to HMS operators as a new part of all Safe of Virginia, Maryland, Delaware, and logbook data, relatively few vessels have Handling and Release Workshops. The New Jersey have a state-water consistently accounted for the majority course would be taught in conjunction commercial shark closure from May 15 of the dusky shark interactions. with the current Protected Species Safe to July 15. In 2014, 621 lb dw of Conditional access would not impact Handling, Release, and Identification aggregated LCS and 669 lb dw of the entire fleet for interactions made by workshops that HMS pelagic longline, hammerhead sharks were landed by a relatively small proportion of vessels. bottom longline, and shark gillnet vessel commercial fishermen in Virginia, Therefore, depending on the metrics owners and operators are already Maryland, and New Jersey from July 15 selected and fishery participant required to attend. The training course to July 31. Based on 2014 ex-vessel behavior, this alternative could have would provide information regarding prices, the annual gross revenues loss

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for aggregated LCS and hammerhead hooks. However, there is some interactions with dusky sharks. To the shark meat to the regional fleet in indication that the use of circle hooks extent that any reduction actually revenues due to an extended closure may reduce catch per unit effort (CPUE) occurred, some vessels would be date would be $847, while the shark fins resulting in lower catch of target constrained by the amount of individual would be $207. Thus the total loss species. To the extent that CPUE is quota they are allocated and this could annual gross revenue for aggregated LCS reduced, some commercial fishermen reduce their annual revenue. If a pelagic and hammerhead sharks would be using BLL gear may experience reduced longline vessel interacts with dusky $1,054. Extending this closure by 16 landings and associated revenue with sharks early in the year and uses their days could cause a reduction of the use of circle hooks. This alternative full IDQ allocation, they may be unable commercial fishing opportunity, likely would require the 224 vessels that hold to continue fishing with pelagic longline resulting in minor adverse economic a shark directed limited access permit as or bottom longline gear for the rest of impacts due to reduced opportunities to of 2015 to use circle hooks. However, the year if they are unable to lease quota harvest aggregated LCS and 104 of the 224 vessels have an Atlantic from other IDQ holders. This would hammerhead sharks. In the long-term, tunas longline permit, which requires result in reduced revenues and potential this reduction would be neutral since fishermen to use circle hooks with cash flow issues for these small fishermen would be able to adapt to the pelagic longline gear. Thus, those businesses. new opening date. vessels would already possess and use If vessel owners are only allocated a circle hooks. The remaining 120 permit Alternative B8 very low amount of IDQ, it is very holders would be required to use circle unlikely that an active trading market Under Alternative B8, NMFS would hooks when using bottom longline gear. for IDQs will emerge. The initial remove pelagic longline gear as an Given the low switching costs from J- allocations could be insufficient for authorized gear for Atlantic HMS. All hooks to circle hooks and the potential many vessels to maintain their current commercial fishing with pelagic to reduce dusky shark mortality, NMFS levels of fishing activity and they may longline gear for HMS in the Atlantic, prefers this alternative. not be able to find IDQs to lease or have Gulf of Mexico, and Caribbean would be insufficient capital to lease a sufficient prohibited. This would greatly reduce Alternative B10 amount of IDQs. Some vessel owners fishing opportunities for pelagic Under this alternative, NMFS would may view the risk of exceeding their longline fishing vessel owners. annually allocate a certain number of IDQ allocations and the associated costs Prohibiting the use of pelagic longline allowable dusky shark interactions to of acquiring additional quota to fishing gear would result in direct and each individual shark directed or outweigh the potential profit from indirect, major adverse economic incidental limited access permit holder fishing, so they may opt to not continue impacts in the short-and long-term for in the HMS pelagic and bottom longline participating in the fishery. pelagic longline vessel owners, fisheries. These allocations would be The annual transaction costs operators, and crew. transferable between permit holders. Between 2008 and 2014, 168 different When each vessel’s individual dusky associated with matching lessor and vessels reported using pelagic longline shark bycatch quota (IDQ) is reached, lessees, the costs associated with fishing gear in Atlantic HMS Logbooks. the vessel would no longer be drafting agreements, and the uncertainty Average annual revenues were authorized to fish for HMS for the vessel owners would face regarding estimated to be approximately remainder of the year. The concept of quota availability would reduce some of $34,322,983 per year based on HMS this alternative is similar to the the economic benefits associated with logbook records, bluefin tuna dealer Individual Bluefin Tuna Quota (IBQ) leasing quota and fishing. reports, and the eDealer database. In Program implemented in Amendment 7 There would also be increased costs 2014, there were 110 active pelagic to the 2006 Consolidated HMS FMP (79 associated with bottom longline vessels longline vessels which produced FR 71510), which established individual obtaining and installing EM and VMS approximately $33,293,118 in revenues. quotas for bluefin tuna bycatch in the units. Some bottom longline vessel The 2014 landings value is in line with pelagic longline fishery and authorized owners might have to consider the 2008 to 2014 average. Therefore, retention and sale of such bycatch. We obtaining new vessels if their current NMFS expects future revenues forgone would not, however, anticipate vessels cannot be equipped with EM revenue on a per vessel basis to be authorizing retention and sale of dusky and VMS. There would be increased approximately $309,000 per year based sharks, because they remain a costs associated with VMS reporting of on 110 vessels generating an estimated prohibited species. dusky interactions. Some fishermen $34 million in revenues per year. This The goal of this alternative would be would also need to ship EM hard drives displacement of fishery revenues would to provide strong individual incentives after each trip and they may need to likely cause business closures for a to reduce dusky shark interactions consider acquiring extra hard drives to majority of these pelagic longline vessel while providing flexibility for vessels to avoid not having one available when owners. Given the magnitude of the continue to operate in the fishery, they want to go on a subsequent trip. economic impact of this alternative, it is however, several unique issues Given the challenges in properly not a preferred alternative. associated with dusky sharks would identifying dusky sharks, every shark make these goals difficult to achieve. would need to be brought on board the Alternative B9—Preferred Alternative In order to achieve the mortality vessel and ensure an accurate picture of Under Alternative B9, NMFS would reductions based upon the 2016 SEDAR identifying features was taken by the require the use of circle hooks by all 21 dusky shark assessment update, the EM cameras. Such handling would HMS directed shark permit holders in number of dusky shark interactions may likely increase dusky shark and other the bottom longline fishery. This need to be substantially reduced. NMFS shark species mortality and thus not requirement is expected to reduce the expects the allocations to each vessel fully achieve the stated objectives of this mortality associated with catch of dusky may be extremely low and highly rule. This alternative is also unlikely to shark in the bottom longline fishery. inaccurate/uncertain. It is not clear that minimize the economic impact of this There is negligible cost associated an IDQ system without a supportable rule as compared to the preferred with switch from J-hooks to circle scientific basis would actually reduce alternatives given the potential for

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reduced fishing revenues, monitoring CFR part or section Current OMB possess, or land any Atlantic HMS must equipment costs, and transaction costs. where the information control No. obtain an HMS Charter/Headboat collection (all numbers permit. In order to fish for, retain, requirement is located begin with 0648–) Small Entity Compliance Guide possess, or land Atlantic sharks, the Section 212 of the Small Business owner must have a valid shark Regulatory Enforcement Fairness Act of ***** endorsement issued by NMFS. A vessel 1996 states that, for each rule or group 50 CFR: issued an HMS Charter/Headboat permit for a fishing year shall not be issued an of related rules for which an agency is ***** required to prepare a FRFA, the agency HMS Angling permit, a Swordfish 635.2 ...... –0327 General Commercial permit, or an shall publish one or more guides to Atlantic Tunas permit in any category assist small entities in complying with ***** for that same fishing year, regardless of the rule, and shall designate such 635.4(c) ...... –0327 a change in the vessel’s ownership. publications as ‘‘small entity compliance guides.’’ The agency shall ***** * * * * * 635.4(j) ...... –0327 explain the actions a small entity is (c) * * * required to take to comply with a rule ***** (1) The owner of any vessel used to or group of rules. Copies of this final fish recreationally for Atlantic HMS or rule and the compliance guide are * * * * * on which Atlantic HMS are retained or available upon request from NMFS (see possessed recreationally, must obtain an Title 50—Wildlife and Fisheries ADDRESSES). Copies of the compliance HMS Angling permit, except as guide will be available from the Highly PART 635—ATLANTIC HIGHLY provided in paragraph (c)(2) of this Migratory Species Management Division MIGRATORY SPECIES section. In order to fish for, retain, Web site at http://www.nmfs.noaa.gov/ possess, or land Atlantic sharks, the sfa/hms/. ■ 3. The authority citation for part 635 owner must have a valid shark continues to read as follows: endorsement issued by NMFS. Atlantic List of Subjects Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. HMS caught, retained, possessed, or 15 CFR Part 902 1801 et seq. landed by persons on board vessels with ■ 4. In § 635.2: an HMS Angling permit may not be sold Reporting and recordkeeping ■ a. Remove the definition of ‘‘Protected or transferred to any person for a requirements. species safe handling, release, and commercial purpose. A vessel issued an HMS Angling permit for a fishing year 50 CFR Part 635 identification workshop certificate’’; and shall not be issued an HMS Charter/ Fisheries, Fishing, Fishing vessels, ■ b. Add new definitions for ‘‘Safe Headboat permit, a Swordfish General Foreign relations, Imports, Penalties, handling, release, and identification Commercial permit, or an Atlantic Reporting and recordkeeping workshop certificate’’ and ‘‘Shark Tunas permit in any category for that requirements, Treaties. endorsement’’ in alphabetical order to same fishing year, regardless of a change read as follows: in the vessel’s ownership. Dated: March 30, 2017. (2) A vessel with a valid Atlantic § 635.2 Definitions. Alan D. Risenhoover, Tunas General category permit issued Acting Deputy Assistant Administrator for * * * * * under paragraph (d) of this section or Regulatory Programs, National Marine Safe handling, release, and with a valid Swordfish General Fisheries Service. identification workshop certificate Commercial permit issued under means the document issued by NMFS, For reasons set out in the preamble, paragraph (f) of this section may fish in or its designee, indicating that the NMFS amends 15 CFR part 902 and 50 a recreational HMS fishing tournament person named on the certificate has CFR part 635 as follows: if the vessel has registered for, paid an successfully completed the Atlantic entry fee to, and is fishing under the Title 15—Commerce and Foreign Trade HMS safe handling, release, and rules of a tournament that has registered identification workshop. with NMFS’ HMS Management Division PART 902—NOAA INFORMATION * * * * * as required under § 635.5(d). When a COLLECTION REQUIREMENTS UNDER Shark endorsement means an vessel issued a valid Atlantic Tunas THE PAPERWORK REDUCTION ACT: authorization added to an HMS Angling, General category permit or a valid OMB CONTROL NUMBERS HMS Charter/Headboat, Atlantic Tunas Swordfish General Commercial permit General, or Swordfish General is fishing in such a tournament, such ■ 1. The authority citation for part 902 Commercial permit that allows for the vessel must comply with HMS Angling continues to read as follows: retention of authorized Atlantic sharks category regulations, except as provided consistent with all other applicable Authority: 44 U.S.C. 3501 et seq. in paragraphs (c)(3) through (c)(5) of this regulations in this part. section. ■ 2. In § 902.1, in the table in paragraph * * * * * * * * * * (b) under ‘‘50 CFR’’, add entries for ■ 5. In § 635.4, revise paragraphs (b)(1), (5) In order to fish for, retain, possess, (c)(1), and (c)(2), and add paragraphs ‘‘635.2’’, ‘‘635.4(c)’’, and ‘‘635.4(j)’’ in or land sharks, the owner of a vessel (c)(5) and (j)(4) to read as follows: numerical order to read as follows: fishing in a registered recreational HMS § 902.1 OMB control numbers assigned § 635.4 Permits and fees. fishing tournament and issued either an pursuant to the Paperwork Reduction Act. * * * * * Atlantic Tunas General category or Swordfish General Commercial permit * * * * * (b) * * * (1) The owner of a charter boat or must have a shark endorsement. (b) * * * headboat used to fish for, retain, * * * * *

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(j) * * * any person who completes a safe certificates for additional vessels that (4) In order to obtain a shark handling, release, and identification they own. Shark dealers may request endorsement to fish for, retain, possess, workshop. If an owner owns multiple from NMFS additional Atlantic shark or land sharks, a vessel owner with a vessels, NMFS will issue a certificate for identification workshop certificates for vessel fishing in a registered each vessel that the owner owns upon additional places of business authorized recreational HMS fishing tournament successful completion of one workshop. to receive sharks that they own as long and issued or required to be issued An owner who is also an operator will as they, and not a proxy, were issued either an Atlantic Tunas General be issued multiple certificates, one as the certificate. All certificates must be category or Swordfish General the owner of the vessel and one as the renewed prior to the date of expiration Commercial permit or a vessel owner of operator. on the certificate. a vessel issued or required to be issued (3) The owner of a vessel that fishes (7) To receive the safe handling, an HMS Angling or HMS Charter/ with longline or gillnet gear, as release, and identification workshop Headboat permit must take a shark specified in paragraph (a)(1) of this certificate or Atlantic shark endorsement online quiz. After section, is required to possess on board identification workshop certificate, completion of the quiz, NMFS will issue the vessel a valid safe handling, release, persons required to attend the workshop the vessel owner a new or revised and identification workshop certificate must first show a copy of their HMS permit with the shark endorsement for issued to that vessel owner. A copy of permit, as well as proof of identification the vessel. The vessel owner can take a valid safe handling, release, and to NMFS or NMFS’ designee at the the quiz at any time during the fishing identification workshop certificate workshop. If a permit holder is a year, but his or her vessel may not leave issued to the vessel owner for a vessel corporation, partnership, association, or the dock on a trip during which sharks that fishes with longline or gillnet gear any other entity, the individual will be fished for, retained, possessed, must be included in the application attending on behalf of the permit holder or landed unless a new or revised package to renew or obtain a shark or must show proof that he or she is the permit with a shark endorsement has swordfish limited access permit. permit holder’s agent and provide a been issued by NMFS for the vessel. The (4) An operator that fishes with copy of the HMS permit to NMFS or addition of a shark endorsement to the longline or gillnet gear as specified in NMFS’ designee at the workshop. For permit does not constitute a permit paragraph (a)(1) of this section must proxies attending on behalf of a shark category change and does not change possess on board the vessel a valid safe dealer, the proxy must have the timing considerations for permit handling, release, and identification documentation from the shark dealer category changes specified in paragraph workshop certificate issued to that acknowledging that the proxy is (j)(3) of this section. Vessel owners may operator, in addition to a certificate attending the workshop on behalf of the request that NMFS remove the shark issued to the vessel owner. Atlantic shark dealer and must show a copy of the Atlantic shark dealer permit endorsement from the permit at any * * * * * to NMFS or NMFS’ designee at the time. If NMFS removes the shark (c) * * * endorsement from the vessel permit, no (2) If a vessel fishes with longline or workshop. person on board the vessel may fish for, gillnet gear as described in paragraph ■ 7. In § 635.19, revise paragraph (d) to retain, possess, or land sharks. (a)(1) of this section, the vessel owner read as follows: * * * * * may not renew a shark or swordfish § 635.19 Authorized gears. ■ 6. In § 635.8, revise paragraphs (a), limited access permit, issued pursuant * * * * * (c)(2), (c)(3), (c)(5), (c)(6), and (c)(7) as to § 635.4(e) or (f), without submitting a (d) Sharks. (1) No person may possess follows: valid safe handling, release, and a shark without a permit issued under identification workshop certificate with § 635.4. § 635.8 Workshops. the permit renewal application. (2) No person issued a Federal (a) Safe handling, release, and (3) A vessel that fishes with longline Atlantic commercial shark permit under identification workshops. (1) Both the or gillnet gear as described in paragraph § 635.4 may possess a shark taken by owner and operator of a vessel that (a)(1) of this section and that has been, any gear other than rod and reel, fishes with Longline or gillnet gear must or should be, issued a valid limited handline, bandit gear, longline, or be certified by NMFS, or its designee, as access permit pursuant to § 635.4(e) or gillnet, except that smoothhound sharks having completed a safe handling, (f), may not fish unless a valid safe may be retained incidentally while release, and identification workshop handling, release, and identification fishing with trawl gear subject to the before a shark or swordfish limited workshop certificate has been issued to restrictions specified in § 635.24(a)(7). access vessel permit, pursuant to both the owner and operator of that (3) No person issued an HMS § 635.4(e) and (f), is renewed. For the vessel. Commercial Caribbean Small Boat purposes of this section, it is a * * * * * permit may possess a shark taken from rebuttable presumption that a vessel (5) A vessel owner, operator, shark the U.S. Caribbean, as defined at § 622.2 fishes with longline or gillnet gear if: dealer, proxy for a shark dealer, or of this chapter, by any gear other than Longline or gillnet gear is onboard the participant who is issued either a safe with rod and reel, handline or bandit vessel; logbook reports indicate that handling, release, and identification gear. longline or gillnet gear was used on at workshop certificate or an Atlantic (4) Persons on a vessel issued a permit least one trip in the preceding year; or, shark identification workshop certificate with a shark endorsement under § 635.4 in the case of a permit transfer to new may not transfer that certificate to may possess a shark only if the shark owners that occurred less than a year another person. was taken by rod and reel or handline, ago, logbook reports indicate that (6) Vessel owners issued a valid safe except that persons on a vessel issued longline or gillnet gear was used on at handling, release, and identification both an HMS Charter/Headboat permit least one trip since the permit transfer. workshop certificate may request, in the (with or without a shark endorsement) (2) NMFS, or its designee, will issue application for permit transfer per and a Federal Atlantic commercial shark a safe handling, release, and § 635.4(l)(2), additional safe handling, permit may possess sharks taken by rod identification workshop certificate to release, and identification workshop and reel, handline, bandit gear, longline,

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or gillnet if the vessel is engaged in a from the reported location of the dusky location of the dusky shark interaction non for-hire fishing trip and the shark catch. Vessel owners and over the radio to other fishing vessels in commercial shark fishery is open operators are encouraged to move the the surrounding area. Subsequent pursuant to § 635.28(b). vessel further away than 1 nmi if fishing sets by that vessel that trip must * * * * * conditions (e.g., water temperature, be at least 1 nmi from the reported ■ 8. In § 635.21: depth, tide, etc.) indicate that moving a location of the dusky shark catch. Vessel ■ a. Add paragraph (c)(6); greater distance is warranted to avoid owners and operators are encouraged to ■ b. Revise the introductory text for additional dusky shark interactions. move the vessel further away than 1 nmi paragraph (d)(2); * * * * * if conditions (e.g., water temperature, ■ c. Add paragraphs (d)(2)(iii) and (4) Vessels that have bottom longline depth, tide, etc.) indicate that moving a (d)(4); gear on board and that have been issued, greater distance is warranted to avoid ■ d. Revise paragraph (f); and or are required to have been issued, a additional dusky shark interactions. ■ e. Add paragraphs (g)(5) and (k). directed shark limited access permit * * * * * The additions and revisions read as under § 635.4(e) must have only circle (k) Handline. (1) A person on board a follows: hooks as defined at § 635.2 on board. vessel that has been issued or is * * * * * required to be issued a permit with a § 635.21 Gear operation and deployment (f) Rod and reel. (1) Persons who have shark endorsement under this part and restrictions. been issued or are required to be issued who is participating in an HMS * * * * * a permit under this part and who are registered tournament that bestows (c) * * * participating in a ‘‘tournament,’’ as points, prizes, or awards for Atlantic (6) The owner or operator of a vessel defined in § 635.2, that bestows points, sharks must deploy only non-offset, permitted or required to be permitted prizes, or awards for Atlantic billfish corrodible circle hooks when fishing for, under this part and that has pelagic must deploy only non-offset circle retaining, possessing, or landing sharks longline gear on board must undertake hooks when using natural bait or natural south of 41°43′ N. latitude, except when the following shark bycatch mitigation bait/artificial lure combinations, and fishing with flies or artificial lures. Any measures: may not deploy a J-hook or an offset shark caught south of 41°43′ N. latitude (i) Handling and release circle hook in combination with natural on non-circle hooks must be released, requirements. As safely as practicable, bait or a natural bait/artificial lure unless the shark was caught when any hooked or entangled sharks that are combination. fishing with flies or artificial lures. not being retained must be released (2) A person on board a vessel that (2) A person on board a vessel that using dehookers or line clippers or has been issued or is required to be has been issued or is required to be cutters. If using a line clipper or cutter, issued a permit with a shark issued an HMS Angling permit with a the gangion must be cut so that less than endorsement under this part and who is shark endorsement or a person on board three feet (91.4 cm) of line remains participating in an HMS registered a vessel with an HMS Charter/Headboat attached to the hook. tournament that bestows points, prizes, permit with a shark endorsement must (ii) Fleet communication and or awards for Atlantic sharks must deploy only non-offset, corrodible circle relocation protocol. The owner or deploy only non-offset, corrodible circle hooks when fishing for, retaining, operator of any vessel that catches a hooks when fishing for, retaining, possessing, or landing sharks south of dusky shark must, as quickly as possessing, or landing sharks south of 41°43′ N. latitude, except when fishing practicable, broadcast the location of the 41°43′ N. latitude, except when fishing with flies or artificial lures. Any shark dusky shark interaction over the radio to with flies or artificial lures. Any shark caught south of 41°43′ N. latitude on other fishing vessels in the surrounding caught south of 41°43′ N. latitude on non-circle hooks must be released, area. Subsequent fishing sets by that non-circle hooks must be released, unless the shark was caught when vessel on that trip must be at least 1 nmi unless the shark was caught when fishing with flies or artificial lures. from the reported location of the dusky fishing with flies or artificial lures. ■ 9. In § 635.22, revise paragraph (c)(1) shark catch. Vessel owners and (3) A person on board a vessel that to read as follows: operators are encouraged to move the has been issued or is required to be vessel further away than 1 nmi if issued an HMS Angling permit with a § 635.22 Recreational retention limits. conditions (e.g., water temperature, shark endorsement or an HMS Charter/ (c) * * * depth, tide, etc.) indicate that moving a Headboat permit with a shark (1) The recreational retention limit for greater distance is warranted to avoid endorsement must deploy only non- sharks applies to any person who fishes additional dusky shark interactions. offset, corrodible circle hooks when in any manner, except to persons aboard (d) * * * fishing for, retaining, possessing, or a vessel that has been issued a Federal (2) The operator of a vessel required landing sharks south of 41°43′ N. Atlantic commercial shark vessel permit to be permitted under this part and that latitude, except when fishing with flies under § 635.4. The retention limit can has bottom longline gear on board must or artificial lures. Any shark caught change depending on the species being undertake the following bycatch south of 41°43′ N. latitude on non-circle caught and the size limit under which mitigation measures: hooks must be released, unless the shark they are being caught as specified under * * * * * was caught when fishing with flies or § 635.20(e). If a commercial Atlantic (iii) Fleet communication and artificial lures. shark quota is closed under § 635.28, the relocation protocol. The owner or (g) * * * recreational retention limit for sharks operator of any vessel that catches a (5) Fleet communication and and no sale provision in paragraph (a) dusky shark must, as quickly as relocation protocol. The owner or of this section may be applied to practicable, broadcast the location of the operator of any vessel issued or required persons aboard a vessel issued a Federal dusky shark interaction over the radio to to be issued a Federal Atlantic Atlantic commercial shark vessel permit other fishing vessels in the surrounding commercial shark limited access permit under § 635.4, only if that vessel has area. Subsequent fishing sets by that that catches a dusky shark must, as also been issued an HMS Charter/ vessel on that trip must be at least 1 nmi quickly as practicable, broadcast the Headboat permit with a shark

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endorsement under § 635.4 and is (51) Fish without having on board the (23) Except when fishing only with engaged in a for-hire fishing trip. A vessel a valid safe handling, release, and flies or artificial lures, fish for, retain, person on board a vessel that has been identification workshop certificate possess, or land sharks south of 41°43′ issued or is required to be issued a issued to the vessel owner and operator N. latitude without deploying non- permit with a shark endorsement under as required in § 635.8. offset, corrodible circle hooks when § 635.4 may be required to use non- (52) Falsify a NMFS safe handling, issued an Atlantic HMS Angling permit offset, corrodible circle hooks as release, and identification workshop or HMS Charter/Headboat permit with a specified in § 635.21(f) and (k) in order certificate or a NMFS Atlantic shark shark endorsement, as specified in to retain sharks per the retention limits identification workshop certificate as § 635.21(f) and (k). specified in this section. specified at § 635.8. (24) Release sharks with more than 3 * * * * * * * * * * feet (91.4 cm) of trailing gear, as (d) * * * specified in § 635.21(c)(6). ■ 10. In § 635.71, revise paragraphs (21) Fish for, retain, possess, or land (25) Fail to follow the fleet (a)(50) through (52), and add paragraphs sharks without a shark endorsement, as communication and relocation protocol (d)(21) through (d)(26) to read as specified in § 635.4(b) and (c). for dusky sharks as specified at follows: (22) Except when fishing only with § 635.21(c)(6), (d)(2), and (g)(5). § 635.71 Prohibitions. flies or artificial lures, fish for, retain, (26) Deploy bottom longline gear ° ′ without circle hooks, or have on board * * * * * possess, or land sharks south of 41 43 N. latitude without deploying non- both bottom longline gear and non- (a) * * * offset, corrodible circle hooks when circle hooks, as specified at (50) Fish without a NMFS safe fishing at a registered recreational HMS § 635.21(d)(4). handling, release, and identification fishing tournament that has awards or * * * * * workshop certificate, as required in prizes for sharks, as specified in [FR Doc. 2017–06591 Filed 4–3–17; 8:45 am] § 635.8. § 635.21(f) and (k). BILLING CODE 3510–22–P

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Reader Aids Federal Register Vol. 82, No. 63 Tuesday, April 4, 2017

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Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 484...... 16150 Presidential Documents 3 CFR 485...... 16150 Executive orders and proclamations 741–6000 Executive Orders: 488...... 16150 The United States Government Manual 741–6000 13784...... 16279 44 CFR Other Services Administrative Orders: Memorandums: 64...... 16122 Electronic and on-line services (voice) 741–6020 Memorandum of March Privacy Act Compilation 741–6050 6, 2017 ...... 16283 45 CFR Public Laws Update Service (numbers, dates, etc.) 741–6043 7 CFR 500...... 16124 510...... 16124 ELECTRONIC RESEARCH 1436...... 16101 46 CFR 12 CFR World Wide Web 530...... 16288 Proposed Rules: 531...... 16288 Full text of the daily Federal Register, CFR and other publications 1002...... 16307 is located at: www.fdsys.gov. 47 CFR 14 CFR Federal Register information and research tools, including Public 1...... 16297 39...... 16101 Inspection List, indexes, and Code of Federal Regulations are 54...... 16127, 16297 located at: www.ofr.gov. Proposed Rules: Proposed Rules: 39...... 16138 36...... 16152 E-mail 71...... 16140 FEDREGTOC (Daily Federal Register Table of Contents Electronic 48 CFR 15 CFR Mailing List) is an open e-mail service that provides subscribers 902...... 16478 Proposed Rules: with a digital form of the Federal Register Table of Contents. The 816...... 16332 digital form of the Federal Register Table of Contents includes 21 CFR 828...... 16332 HTML and PDF links to the full text of each document. 852...... 16332 To join or leave, go to https://public.govdelivery.com/accounts/ Proposed Rules: USGPOOFR/subscriber/new, enter your email address, then 73...... 16321 49 CFR follow the instructions to join, leave, or manage your 22 CFR 209...... 16127 subscription. 213...... 16127 Proposed Rules: PENS (Public Law Electronic Notification Service) is an e-mail 96...... 16322 214...... 16127 service that notifies subscribers of recently enacted laws. 215...... 16127 216...... 16127 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 30 CFR 217...... 16127 and select Join or leave the list (or change settings); then follow Proposed Rules: 218...... 16127 the instructions. 1202...... 16323, 16325 219...... 16127 1206...... 16323, 16325 FEDREGTOC and PENS are mailing lists only. We cannot 220...... 16127 respond to specific inquiries. 33 CFR 221...... 16127 222...... 16127 Reference questions. Send questions and comments about the 100...... 16105 Federal Register system to: [email protected] 223...... 16127 117...... 16105, 16106 224...... 16127 The Federal Register staff cannot interpret specific documents or 165 ...... 16107, 16109, 16111, 225...... 16127 regulations. 16112, 16114 227...... 16127 CFR Checklist. Effective January 1, 2009, the CFR Checklist no Proposed Rules: 228...... 16127 longer appears in the Federal Register. This information can be 165...... 16142, 16327 229...... 16127 found online at http://bookstore.gpo.gov/. 38 CFR 230...... 16127 231...... 16127 17...... 16287 FEDERAL REGISTER PAGES AND DATE, APRIL 232...... 16127 233...... 16127 40 CFR 16101–16286...... 3 234...... 16127 16287–16508...... 4 Proposed Rules: 235...... 16127 60 ...... 16144, 16329, 16330, 236...... 16127 16331 237...... 16127 68...... 16146 238...... 16127 239...... 16127 42 CFR 240...... 16127 447...... 16114 241...... 16127 Proposed Rules: 242...... 16127 409...... 16150 243...... 16127 410...... 16150 244...... 16127 418...... 16150 270...... 16127 440...... 16150 272...... 16127

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50 CFR 635...... 16136, 16478 92...... 16298 679...... 16306

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